VETERINARY JURISPRUDENCE. 
550 
tubes are not the king’s, although they are in the lungs. If I spoke of a 
horse having diseased lungs, I should not mean the bronchial tubes. A chro¬ 
nic inflammation is that species where the first inflammation has gone oflf: I 
mean the progress of that inflammation where the first violent symptoms have 
given way. It is one that will last or has lasted for sometime. When inflam¬ 
mation has in some degree abated, it may remain for some time before cured, 
and is called chronic, as distinguished from acute. It was quite clear to my 
eye that the horse was lame. It was quite perceptible to a veterinary sur¬ 
geon. 
Re-examined. —I mean that the acute inflammation had subsided, although 
I cannot fix the time. The bronchial tubes are the divisions of the wind¬ 
pipe which convey air to the lungs. The whole of the bronchial tubes are 
in the lungs. My charge for medicine and examining the horse with a view 
to its soundness was one guinea. The medicine I charged twelve shillings. 
I sent twelve balls. 
Mr. John Fisher. —I keep a repository for the sale of horses. In August, 
1837, I had this mare for sale, I received her on the 9th, and was to sell 
her on the next Thursday, unless she was previously fetched by Mr. Ste¬ 
phens. I sold her on the Thursday for seventeen guineas without a war¬ 
ranty. My charge was, including duty, o£3..125..9t/., leaving a balance of 
£\A..4s..9d. 
Cross-examined. —A gentleman, named Elliott, purchased her. 
This was the Plaintiff’s case. 
Mr. Sergeant Bompas, in the course of his reply for the defendant, denied 
that the mare had any cough at the time of sale, or, even if she had, he said 
that there were two kinds of cough, one of which constituted unsoundness ; 
the other, amounting to little more than a slight cold, was not unsoundness.. 
The learned Judge, Baron Parke, told him that every kind of cough was 
unsoundness, and so he must tell the jury. 
The Sergeant replied, that, at least, general custom drew a distinction be¬ 
tween a sound and an unsound cough, and that the rule of law will always 
bend to a general custom. 
The Judge replied, that if there is such a custom, it was necessary for him 
to prove it. 
The attempt was not made; in fact, no such custom exists. 
The following witnesses were called for the Defendant:— 
Samuel Hicks Withers. —I am proprietor of the Horse Bazaar, Bristol. I 
had the roan mare in my stables from the 1st to the 19th July. I examined 
her on the 1st; it was in a very slight way, for I was only asked as a friend. 
I saw nothing the matter. At the end of the eighteen days I sold her to 
Stephens. I warranted her sound for Mr. Biss. I have seen her to-day, but 
I have not examined her: she had no cough when I sold her; it was about 
mid-day when I sold her, Lansdown was at that time one of my grooms : he 
had the care of her in common with others. 
Cross-examined. —Mr. Biss sent her to me to sell; he is not a friend, for 
he is above my station in life; he is a customer. I just looked at the horse, 
and put her into my stable; and there she remained until she was sold :— 
my stables were pretty full. Stephens came to my stables, and I shewed him 
the mare: I do not know if he had seen it before : we were about a quarter 
of an hour agreeing as to price. I sold her for £23: the warranty was not 
in writing. 
Re-examined. —Stephens was there long enough to thoroughly examine 
her : she had no cough on that day. 
William Lansdoivn. —I am coachman to Mr. Jeremiah Osborne. I was 
groom in JMr. Withers’s stables on the 19th July 1837. I fed the mare in 
