VETERINARY JURISPRUDENCE. 
685 
on the 19th of August. Unfortunately, soon after the purchase, 
the plaintiff himself was taken ill, and, in consequence of this, it 
was not until the 20th of July that any intimation was given to 
the defendant of the unsoundness of the horse, when he got a per¬ 
son named Hale to write to the defendant, and explain the state of 
the animal. Of this communication, however, the defendant took 
no notice; and, as the horse got worse, Mr. Thomas Dyke Broad, 
a veterinary surgeon at Trowbridge, was called in, and continued 
to attend the animal till the 19th of August, when it died. Now 
the only question for the Jury to determine was, whether at the 
time the animal was sold it was sound or unsound 1 It was no 
question for their consideration whether the defendant knew it was 
unsound. An unrestricted warranty had been given, upon the 
faith of which the plaintiff purchased; and, consequently, the only 
question for them to determine was whether, in their opinion, the 
animal was sound or unsound at the time of sale. Mr. Hulbert 
then called 
William Burrows , the plaintiff, who proved the purchase of 
. the horse of the defendant on the 2d of July, and the receipt 
of a warranty of its soundness. Soon after he had the animal 
home (he said) it began to blow terribly in its work, and he accord- 
ingly got a person named Hale to write to Norris about it. The 
horse, however, continued to get worse, and about six weeks after 
became very ill. Mr. Broad was then called in, and, after attend¬ 
ing it six days, it died. 
In his cross-examination by Mr. Norris (who conducted the 
defendant’s case), Burrows admitted that, after the letter had been 
sent to the defendant fry Hale, he had taken the horse to Melk- 
sham fair for sale, but the only bidding he was there offered for it 
was £8, by a man who, in passing, said “ I’ll give you £8 for 
that broken-winded horse.” The animal was put to work in a one- 
horse cart, weighing about five or six cwt., to bring coal from Rad- 
stock to Trowbridge, a distance of twelve miles, over a road on 
which there are several steep hills, so steep that additional horses 
are kept at the foot of some of them for the purpose of helping the 
loads up. Th^load put into the cart averaged between twenty-seven 
and twenty-eight cwt., or sometimes, perhaps, a cwt. more. This 
journey to Radstock and back is usually performed three times a 
week, the cart starting about twelve o’clock at night and returning 
about four the next afternoon. 
One or two other witnesses proved the sale of the horse and the 
warranty; after which 
Mr . Thos. Dyke Broad was called. He stated that he was a 
veterinary surgeon at Trowbridge, and that he was called to look 
at the animal in question on Monday the 13th of August. He 
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