244 
"VETERINARY JURISPRUDENCE. 
formation of the land. With respect to that, several of the witnesses 
stated that they really saw vapour come on to their lands, and enter the 
place where their cattle were ; but the effect produced was that the cows 
lifted up their noses, and took no other notice of it. Assuming by the 
evidence of the plaintiff, that his cattle were injured in the manner 
described, it would be for the jury to say that the plaintiff had made 
out that the injury did not arise from anything that was peculiar in the 
cattle, or some affection to which they were subject; but which unfor¬ 
tunately had not been accounted for at all. Assuming that they 
should be of opinion that the cattle had been injured by the vapour 
from the mill, the next question would be whether this business was a 
business of necessity—whether it was a necessary trade—whether the 
place where it was carried on was a reasonable and proper one—and 
whether it was carried on with a due regard to other persons who sur¬ 
rounded such a place of business. It was a mile and a half from any 
inhabited place. He thought he need not trouble them upon that, but 
only state the questions. After reading the evidence from his notes, 
his Lordship said the questions for them to consider were these:— 
Whether the plaintiff’s cattle had been injured in the manner com¬ 
plained of or not ? Was it made out, to their satisfaction, that the 
injury did not come from some peculiarity in the state of the cattle? 
If it was made out that the injury was caused by the contamination of 
the air by the mill, of course they would find for the plaintiff. If 
they thought it was so, they would still have to consider whether the 
damage resulted from carrying on a necessary trade in a reasonable, 
fit, and proper place. He had really gone through all the points which 
he thought were necessary. 
The Jury found for the defendant. 
The Judge then asked them whether they found for defendant on the 
first count. 
The Foreman —Yes. 
The Judge —Not on the second count ? 
The Foreman said not. 
The Judge —Precisely so. I think that is the best way, as it leaves 
the second count open. 
OBITUARY. 
Died at Thornton, Yorkshire, on the 28th February, Mr. 
John Maw, M.R.C.V.S., aet. 23. Mr. Maw only obtained 
his diploma in April, 1858. 
We have also been informed of the death of Mr. W. T. 
O’Donnell, from an attack of bronchitis, aged 34. His 
diploma bears date May 23th, 1849. 
ERRATA IN NO. 387. 
Page 143, line 16, for skin read limb. 
„ 148, „ 12, for L. lemulactune read L. temulentum. 
149, „ 21, for beech read beut. 
J) 
