578 
VETERINARY JURISPRUDENCE. 
money was done, and that he must go home on Saturday, as 
plaintiff’s son desired him; was not excessively anxious to get 
home; had plenty of money ; the colt was ill on Saturday night; 
don’t know whether it was culpable neglect in Mr. Burges not 
sending for you that night, or on Sunday morning, or Sunday 
evening, or on Monday morning, so as to reach you in Newry 
before you went to Dundalk, although the Monday before he could 
have the colt sent in time for the operation before eight in the 
morning. 
Plaintiff's son examined. —Remembers the colt being sent to 
Newry on Monday morning ; went down himself on Friday ; saw 
Mr. Kennett, Mr. Small’s assistant, who said the colt would be 
fit to go home on Friday or Saturday; gave the man money, that 
he might remain with the colt and provide feeding, &c.; the colt 
did not seem very ill then; did not see him again until Sunday, the 
day after he came home—he then appeared ill; saw him walking up 
and down the yard at exercise; he was very weak; does not know 
if he staled or not; Mr. Small was sent for on Monday morning, 
by the car, at seven o’clock; his man came out at night, but did 
nothing for the colt:—he died. 
Cross-examined by Mr. Small. —The colt was not ill when I 
saw him in Newry; he was sent under your special care; knows 
that you live in Armagh; you wrote to send the colt to Newry. 
[The letter here produced proved that the colt was sent to Newry, 
to save plaintiff expense of a visit of defendant to perform the 
operation; and that the use of a stable was to be given free, where 
plaintiff might keep and feed the colt himself till he was fit to go 
home.] Did not order the colt home on Saturday, nor did he get 
any medicine on Sunday or Monday, although very ill; cannot tell 
why my father processed you to Hillsborough instead of to Newry, 
where the transaction occurred; will not swear that it is a vindictive 
action. 
Patrick Hughes examined. —Lives in Banbridge ; saw the colt 
on Monday morning, after he came from Newry ; Burges sent for 
him very early ; found the colt greatly swollen, and very ill; 
considers it was from want of staling; thinks that inflammation 
caused the stoppage of urine, and that diuretics should have been 
given to cure it long before ; the neglect of that caused the colt’s 
death; has no doubt of it; Mr. Small’s assistant came out in the 
evening, and did nothing but back rake-the colt; he died that night. 
Cross-examined by Mr. Small. —Does not know from what the 
swelling proceeded, if not from the cutting; is a farrier; it might 
be the natural consequence of the operation; some difficulty 
in staling might also be natural; don’t know that it was frost on 
Monday, or Sunday, or Saturday; would give diuretic medicine to 
