180 
Veterinary Jurisprudence. 
COURT OF COMMON PLEAS. 
Westminster, February §th. 
(Sittings at Nisi Prius, before Lord Chief Justice Erle and Special 
Juries.) 
FREEMAN V. JACOBS. 
This was an action on a warranty on the sale of a horse. 
Mr. Edwin James, Q.C., and Mr. Needham appeared for the plaintiff; 
Mr. Hawkins, Q.C., and Mr. Henry James for the defendant. 
The plaintiff, it appeared, is a jobmaster in Blenheim-yard, New Bond- 
street, and the defendant a horse dealer in the North of England. Both 
the plaintiff and the defendant attended last Horncastle Fair, and the 
defendant then bought the horse in question, with a warranty from 
another dealer, for £90, and sold him to the plaintiff with a warranty 
of soundness, freedom from vice, and that he was not a roarer, for £100. 
The horse was a brown gelding sixteen hands high, with some blood in 
him, and was bought for a carriage horse. Both the plaintiff and the 
defendant tried him before he was bought. The day after, the horse was 
sent up to London by railway, and at night he refused his food and 
coughed a little. He also refused his food the next day, and a veterinary 
surgeon was sent for to see him, who found him very ill, and labouring 
under inflammation of the lungs, of which disease he died in a week, on 
the 25th of August last. A post-mortem examination was made by Mr. 
South, the veterinary surgeon, of New Bond-street, who found the lungs 
and liver surrounded by several strong and broad bands, the result of 
inflammation, and in his judgment these could not have been caused by 
inflammation within a week, but must have been the result of chronic 
disease of some standing. The muscles of the larynx were also diseased. 
The effect of this would be to make the horse a whistler or roarer. 
The evidence for the defendant was that the horse was quite well and 
sound on the day he was sold, and that he had been galloped and 
trotted, and was not a roarer or whistler the day he was purchased. The 
question, therefore, on this point, turned on the evidence given by Mr. 
South and others who saw the larynx. 
The jury returned a verdict for the plaintiff,—damages, £100 .—The 
Times. 
Westminster, February 11 th. 
(Sittings at Nisi Prius , before Lord Chief Justice Erle and a Special 
Jury.) 
DURIE V. HOPWOOD. 
SPAVIN OR NO SPAVIN. 
This was an action brought on a warranty of soundness on the sale 
of two horses. 
