742 
VETERINARY JURISPRUDENCE. 
vined,” but be gave very qualified evidence with regard to the other 
appearance. 
His Honour reserved his judgment until next court. At the court 
held on the 25th inst., judgment was given in the case. His Honour 
said that in his opinion there had been a breach of warranty. Thorough- 
pin was unsoundness, and at the time the contract was entered into, the 
horse had an incipient thorough-pin, which in the course of a few days 
became a complete thorough-pin. He was also inclined to the opinion 
that the horse at the time it was sold was spavined, although there was 
no lameness. He found for the plaintiff for the amount claimed, less 
£5, namely, two guineas for veterinary surgeons' fees for examining the 
horse according to i\Ji\ Barker’s directions, after it was offered to be 
returned, and £2 18s., the expense of the keep by Mr. Barker previous to 
his offer to return the horse to Mr. Blenkinsop. The judgment was 
therefore for £dl 17s., and costs. 
BRONCHIAL FILARLE IN LAMBS.—LOSS OF CONDITION AND 
QUESTION AS TO PAYMENT FOR THE KEEP OF THE 
ANIMALS. 
Tried at the late Assizes for Surrey 
Sidney Stevens v. Henry Rigden. 
This was an action for the recovery of £42 for pasturage of a flock of 
180 lambs. Mr. Lush, Q.C., and Mr. Hurrell, were counsel for the 
plaintiff; Mr. Prentice and Mr. Matthews for the defendant. 
There was a cross action arising out of the same circumstance, in 
which Mr. Rigden sued Mr. Stevens for compensation for the loss of 
some of the lambs. 
Mr. Lush having opened the case, called 
Sidney Stevens , who deposed that in 1859 he was a farmer, at Hamsey 
Green, Warlingliam, Surrey. He farmed 139 acres, and had a right 
also to feed on the common. The subsoil of his farm was chalk, and it 
laid on the south side of the common. Last summer he had about 17 
acres of turnips (most of them Swedes), and plenty of other food 
for cattle, in the shape of clover, cinquefoil, &c. He knew Mr. Stan- 
bridge, an agent in the sheep and lamb trade. On the 24th of August, 
he wrote to Mr. Stanbridge, requesting him to send some lambs for 
grazing, as he had plenty of feed for them, and upon terms of some sent 
in the previous year. Accordingly he received 177 lambs by return, and 
three more the next morning, which had been left at a neighbouring 
farm by the drover, in consequence of being in a very poor state, making 
a total of 180. The others were in a weakly state and very poor. He 
was to receive 7s. per head for seven months for all the lambs that might 
be sent back alive. He was to have nothing for those that might die. 
In about three days after they were brought to the farm the first died. 
They all had very bad coughs. They coughed incessantly during the 
nights. He drafted out the weakest and put them in the orchard, so as 
to be near the house. At first, he thought, he placed ten in the orchard, 
and the others on the farm in the usual way. They fed on the leys and 
stubble till the frost set in, and then he commenced feeding them upon 
turnips. The lambs continued to die at intervals, perhaps one or two 
in a week. Every attention was paid to them, and the shepherd never 
left them. He opened some of them, and found the lungs very much 
