MEDICAL JURISPRUDENCE. 
493 
(3o arise, from over-exertion and had treatment within the time. 
Then Mr. W-was examined by the defendants, who had 
sent him to be present at the inspection of the horse; and his 
statement, being' a witness of the defendants, is of the highest 
importance. He says expressly that the appearances were not 
of long standing, and might have been brought on by one day’s 
driving, as they sometimes come on very rapidly, although it is 
difficult to answer such a question ; that the inflammatory state of 
the lungs, and the water in the chest, might have been brought 
on by over-driving, which would produce tubercles ; that these 
appearances might all have arisen in »twenty-four hours, and 
that the lungs were in a state of congestion ; and he gives 
his opinion, without qualification, that the death was from over¬ 
driving. The congestion in the lungs, to which he speaks, is 
most important. Now this being the defendants’ own witness, 
the arbiter thinks it puts an end of itself to their case. To be 
sure, the defendants have some contradictory evidence ; but when 
the plaintiffs case is clear, and one of the defendants’ own wit¬ 
nesses, a man of skill, whom they specially sent to examine the 
horse, also proves the plaintiffs case, so that two out of the three, 
who inspected the lungs, conclusively establish that the appear¬ 
ances were produced by over-exertion, and not from previously 
existing disease, how can the defendants expect the arbiter to 
adopt the opinion of the third inspector, or to decide in their 
favour because their own case is contradictory ? 
But the part of the defendants’ evidence on which they rely is 
very unsatisfactory. 
Mr. D- did not tliink the appearances had existed any 
length of time—not above two or three days. Now this both 
contradicts and puts an end to the opinion of Mr. G-, who 
had not seen the horse, for he holds that even the spots indi¬ 
cating the tubercles could not have arisen in less than eight or 
ten days; and even when D-’s testimony was read over, 
holds that the appearances could not have arisen in so short a 
space of time. Now to take the theoretical opinion of Mr. G- 
against that of Mr. D-, formed upon actual inspection, the 
arbiter thinks would be quite extravagant. Now, Mr. D-is 
merely of opinion that the inflammation in the lungs, and the 
concomitant appearances found after the state of extreme over¬ 
fatigue, might have existed a day or two longer than the day of 
the journey, for he goes no further. This would have been all 
very well, if nothing had happened to produce these appearances 
rapidly : but the over-exertion will of course make the progress 
of inflammation from that cause very rapid; and as there was 
only the appearance, or the first stage of the tubercles, according 
VOL. VI. ^ s 
