VETERINARY JURISPRUDENCE. 
329 
third party, must be better than that of Bee, the plaintiff, and 
his evidence went to shew that there was no warranty. He 
wished to know whether he could not claim a nonsuit. 
His Honour was inclined to think that, from what Mr. 
Wheeler had said over and over again, there was a warranty 
implied. 
Mr. Newmarch then called for the defence— 
William Hayward, residing at Kemble, and renting 500 
acres; he had bred this horse himself; he had known him down 
to the time he was sold, and he never lay out a night; he was 
not in the best condition ; he was about the strongest con- 
stitutioned horse he ever had. 
Charles Ratcliffe, of Oaksey, farrier, said, he had attended Mr. 
Hayward’s stock for the last twenty years; he knew the black 
horse from the time he was foaled up to the time he was sold; 
during that time he had never attended that horse, and he had 
never had medicine, or was ever bled; the horse was in a very 
good condition, and appeared in every respect healthy; his 
opinion as an experienced farrier was, that the horse having 
been kept low, his death was caused by higher feeding and 
warmer clothing; he did not think being used as a stallion had 
any thing to do with it. A horse which died, exhibiting the 
appearance described, could not be labouring under a chronic 
disease at the time he was sold, because he must have shewn 
symptoms of it before; while Mr. Hayward had him he never 
shewed symptoms of illness; he did not know whether he ever 
served a mare; he always carried a sleek coat. 
George Thomas Brown, member of the Royal College of 
Veterinary Surgeons, and Professor of Veterinary Surgery at 
the Royal Agricultural College, was pretty well acquainted 
with the diseases of horses: he had heard the evidence of Mr. 
Hooper; judging of the symptoms which Mr. Hooper had 
given, he was perfectly convinced that it was an acute disease. 
He had many opportunities of observing similar diseases: as 
regards adhesion, it was a decided fact, that it commonly takes 
place in three days: he would quote Professors Spooner, Dick, 
and Percivall, in support of such opinions; tubercles could be 
produced in four or five days; all the changes he had heard Mr. 
Hooper describe may have been produced in a week; the horse 
having been accustomed to lie out, and never having served a 
mare, then suddenly placed in different circumstances, would 
tend to produce an acute inflammation; the fact of a horse lying 
out and then changing to a moderately warm stable, the cir¬ 
cumstance of his being kept low and not having corn, and then 
suddenly having a considerable quantity of it, the fact also of 
his being taken out as a travelling horse and put to mares, 
VOL. XXV. Y y 
