436 
VETERINARY JURISPRUDENCE. 
Pursuer’s Proof. 
John Fergusson proved that he bought the horse of defendant 
for and at the desire of plaintiff. That, on remarking that the 
horse was out of condition, the defendant replied, tliat the horse 
had never had a brash while in his custody, and that he upheld 
him to be whole and sound. 
W. Roy, servant to the plaintiff, deposed that he observed, 
that, on the day after the purchase, the horse could not get 
‘ dunging,’ and only dunged a little and with difficulty, and did 
not feed well, and was not in spirits as other young horses are. 
John Boyle, ploughman to the plaintiff, deposed that two or 
three days after the purchase, the horse seemed uneasy, and 
tumbled and rolled, and did not feed ; and he was in this state 
for nearly a night. That about eight days after this the horse 
was again unwell, and that two days afterwards he died. 
Charles Goudie, smith and farrier at Stepends, being solemnly 
sworn and interrogated, depones, that he has attended to the 
diseases of horses and cattle for eighteen years past, but he never 
studied at the Veterinary College, and has no diploma, and for 
these eighteen years he has been called out as a farrier. De¬ 
pones, that, upon the 14th day of December, 1829, he was called 
out to look at and inspect a horse in the possession of the plain¬ 
tiff, which he said he had got from the defendant. That ho 
found the horse, as far as he could judge, with a disease upon 
the bowels; that he prescribed for the horse half an ounce of 
laudanum, and half an ounce of nitre, and he also gave the horse 
some clysters; and upon the same day, sometime afterwards, he 
bled the horse. That next morning, about four o’clock, the de¬ 
ponent was sent for, and went and found the horse a great deal 
worse, and still shewing symptoms of pains in the bowels ; and, 
lor fear of inflammation, the deponent took two and a half Scotch 
pints (five quarts) of blood from the horse, and, on examining the 
blood, he found it quite free from inflammation. That the de¬ 
ponent observing that the horse was still getting worse during 
the course of the day, he requested the plaintiff to send for 
another farrier, which he agreed to, and Thomas Wright, farrier 
at Drummullan, near Trochraigue, was sent for, and he came 
upon the Wednesday; and when Wright was sent for, he sent 
word he could not come till the Wednesday, but he ordered that 
a bottle of castrol oil should be given to the horse, which was 
done accordingly. That when Thomas Wright came upon the 
Wednesday, the deponent had left Dowhill, and the deponent 
was againt sent for that day after the horse died, and the depo¬ 
nent was present when the horse was opened in the presence of 
