413 
VETERINARY JURISPRUDENCE. 
Liverpool, March 24th. 
Before Mr. Justice Coleridge.—Case of Warranty. 
Hyde v. Davies. 
This was an action brought on a warranty of a horse. 
Mr. Serjeant Wilkins and Mr. Aspinall appeared for the plain¬ 
tiff, and Mr. Martin, Q. C., and Mr. Atherton for the defendant. 
It appeared that both the plaintiff and the defendant were horse- 
dealers, the plaintiff carrying on business at Liverpool, and the 
defendant at Stratton-on-Harrow, in Herefordshire. On the 23d 
of August last the plaintiff purchased a young chestnut gelding of 
the defendant for £62, and the defendant gave to him a warranty: 
“This is to certify, that I have this day sold to Mr. James Hyde, 
horse-dealer, a chestnut gelding : the said gelding I warrant sound, 
free from vice, steady in harness, no crib-biter, and no wind- 
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sucker/’ Next day the horse was sent to Liverpool, and appeared 
to have a little cough. On being put into the plaintiff’s stables 
the horse looked depressed, and his cough continued. It was then 
found that he had a sore throat, and, it being supposed that he had 
taken cold, he was treated accordingly, and had some stimulating 
application given to him for his throat, after which he seemed 
better. The horse was afterwards, on the 22d of September, sold 
to Mr. Widdows, veterinary surgeon, of Bristol, at Howden fair, 
and was taken to Bristol, and died on the 12th of October. After 
death there was a post-mortem examination of the horse, and his 
lungs were found to be extensively diseased, to be full of tuber¬ 
cles, and of the substance of liver. The liver was also double its 
proper size. The veterinary surgeons called in were of opinion, 
and gave evidence to the effect, that the horse died from disease 
of the lungs, and that disease was of long standing, and that a 
horse having such disease was not sound. 
For the defence the learned counsel contended that the horse was 
sound when sold; that he had been bred by a farmer, who sold 
him to the defendant; that the horse had never done any work, 
and was five years old, and had been taken the greatest care of, 
having been bred to sell; that the cause of his death was sudden 
inflammation, from a cold caught after he had been sold, in his tra¬ 
velling to and from fairs. Veterinary surgeons of eminence were 
called, w'ho gave it as their opinion, that the horse had died of 
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