VETERINARY JURISPRUDENCE IN SCOTLAND. 213 
lation of matter was found in the chest and pressing upon the 
heart. From its appearance, Smith came to be of opinion that 
it had been in existence at the time when he bought the cow, 
and consequently that he was entitled to restitution of the price ; 
and to make good this opinion he gave notice to Rainnie, on the 
day after the cow’s death, that on the following day he intended 
to have the diseased parts submitted to independent veterinary 
inspection, and invited the presence of Rainnie or some one on 
his part. Rainnie, however, made no appearance; but Smith 
went on with his case, and finding his opinion backed by what 
he thought competent veterinary proof, brought it before the 
Sheriff Substitute, who. rather strangely, gave a decision against 
him, on the merits of the case, but without the trouble of 
hearing the evidence. This decision was appealed against to 
the Sheriff, who allowed a proof; but, in a manner equally 
strange, decided in the teeth of the evidence before him. This 
was again appealed against to the circuit, but the appeal was 
dismissed, without time being allowed for the nature or merits 
of the case to be gone into. 
In order that our readers may judge for themselves the ratio 
in which law and justice prevailed in the decision of this case, 
we print entire the “ notes” appended by each of the Sheriffs to 
their decisions—documents of such rare composition as to de¬ 
serve an attempt being made to preserve their merits for the 
benefit of all who may have an itching after going to law :— 
Note by Sheriff Watson in cause Smith v. Rainnie. 
“This is an action for repayment of the price of a cow bought 
on the 15th Dec., on the ground that at the date of purchase she 
was labouring under a latent disease, of which she died on the 
10th April, 1849. It is said that certain reports by veterinary 
surgeons, who made a post-mortem examination, will be pro¬ 
duced (but which have not been produced), and will instruct, 
that the complaint must have existed several months previous 
to the purchase. 
“ It is impossible to estimate the amount of the scientific 
knowledge of a country veterinary surgeon : but no man of 
common sense who reads the summons, which states that the 
cow calved after she came into the pursuer’s possession, and 
made a safe and quick recovery, will believe that any one can 
tell how long the animal laboured under the internal complaint 
of which she died, before it exhibited any internal symptoms. 
It is easy to understand how some chronic diseases may be 
known to have been of long standing; but it is absurd to sup¬ 
pose that any one, from a post-mortem examination, can say how 
