328 VETERINARY JURISPRUDENCE, 
regular in his breathing that would have been an indication of 
the sound state of the lungs; the effect of this inflammation of 
the lungs would be, that he could not work ; it would be im¬ 
possible ; he would be dead only the sooner ; the suppuration 
would take three months to take place in such a structure as the 
lungs ; they could detect inflammation of the pleura after death; 
pneumonia was acute inflammation, as in contradistinction to 
chronic; there must have been a chronic inflammation to pro¬ 
duce this disease, and there had been acute inflammation at 
some time or other; he knew Professor Spooner, but he did not 
know that he held a different opinion to him; he should not be 
surprised to hear his opinion that this disease might be produced 
in three or four days, but then there would be symptoms of 
inflammation; there was inflammation here of the lungs but 
not of the pleura, the membrane which covered the lungs and 
chest; inflammation of the lungs and inflammation of pleura 
were very similar, but in the pleura there was a greater difficulty 
of breathing; the difference would not be much ; it would not 
affect the coat; he thought that a horse could look well in the 
coat, and yet have chronic disease of the lungs; after death 
from inflammation of the pleura, there would be an effusion 
of fluid, but then there was violent inflammation generally; 
the horse died of an acute disease, and happened at the time to 
have a chronic disease which acted as a predisposing cause. 
Re-examined by Mr. Bubb. —The disease had lasted for 
some months. 
By His Honour. —The disease appeared in different places, 
perhaps a spot here, and then a spot there ; there were two places 
on one side and three on the other, and those places were ex¬ 
tending to the size of a sixpence; it had to be cut away ; there 
was an organic change in the structure ; it was a perfect 
adhesion; he divided it with his knife ; the lungs were fixed 
on one side to the wall of the chest; that would not be a very 
great impediment to his action ; supposing he (Mr. Hooper) had 
examined that horse and had found no pneumonia, no abscesses, 
no suppuration, no tubercles, no incipient tubercles, yet he should 
have thought him unsound; it might unfit him for work, and 
predispose him to inflammation ; he should think there were, 
perhaps, eight or nine abscesses; there would be more tubercles 
than abscesses; when the lungs were cut open they were like 
marble almost, granulated. 
Mr. Newmarch asked His Honour’s opinion as to the 
warranty. He submitted that for a person to become entitled 
to recover upon an action of warranty, he must prove an 
express warranty; and that the evidence of Mr. Wheeler, a 
