692 
VETERINARY JURISPRUDENCE. 
diction would be given by defendant as to the plaintiff’s statement 
regarding the warranty. 
The defendant was then called, and stated, that when he purchased 
the cow plaintiff told him she would calve in about six weeks, but she 
calved a week after the purchase. She was several hours in calving, 
and he told plaintiff about it, when he replied she was a stock cow, 
and he had one that would suit him. Defendant went to Kingston, 
saw the cow, and asked for two sovereigns and the first cow. After 
that he agreed to take 5s. The cow was not delivered to him until 
Saturday, the 18th of August. He never warranted her, nor said she 
was sound, but he did not know to the contrary. Plaintiff came on the 
21st and said the cow had been kicked or injured; and he told plaintiff 
that if his men had injured her, he did not wish him to lose by her, but 
he should first inquire of his men what they had done. He then de¬ 
tailed the conversation that took place on the occasion. 
After defendant had been minutely cross-examined, David Cook and 
James Powell , two of defendant’s men, were called to prove the cow 
had not been injured by them, but that every attention had been paid 
to her. 
Henry Meades deposed that when he delivered the cow and calf to 
Baldry, on the 18th ult., he told him one of her teats was stopped, and 
that she was very vicious, when Baldry replied, “ I will soon put 
that all right, for I will throw her on her back and probe it.” 
This was corroborated by Robert Humble. 
The witnesses were severally cross-examined by Mr. Haynes , who 
very ably replied upon the whole of the evidence, and contended that 
the plaintiff had made out his case. 
His Honour differed with the learned advocate, and said that it was 
impossible to make out that the defendant had given a warranty, as he 
had only had the cow a week. Baldry had not warranted her sound 
when he sold her to plaintiff. Defendant, who said he had no wish to 
part with her, nor did he seek to do so by sending for plaintiff, who, 
on the contrary, sought the defendant, and was actually at the premises 
half an hour after the cow had calved •, there, therefore, was no reason¬ 
able ground to suppose that a warranty was either given or asked for, 
and he should nonsuit the plaintiff, who, if he was not satisfied, might 
have the case tried by a jury. Costs allowed. 
OBITUARY. 
Died, on the 19 th of September, after a few days’ illness, 
at Stoke-upon-Trent, John Carless, Jun., M.R.C.Y.S. His 
diploma bears date April 30th, 1851. The immediate cause 
of his death was an attack of inflammation of the lungs, 
supervening on a weak state of constitution. 
EREATUM IN NO. 394. 
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