494 VETERINARY JURISPRUDENCE IN SCOTLAND. 
that it had had acute inflammation, which had been imper¬ 
fectly cured, and had subsided into chronic inflammation. 
We all know, gentlemen, that the lungs are full of air-vessels 
for the purposes of respiration, and the plaintiff says, that 
these cells had become disorganised; that they had been 
filled with deposited lymph ; and that instead of being elastic, 
they had hardened, and had become in a state of disorga¬ 
nisation for the purposes for which they were created, and 
organised for another purpose, for which they were not re¬ 
quired. It is said that blood-vessels had shot through them, 
and that they had become hardened like liver, and unfit for 
the ordinary purposes for which they were designed, and that 
this state may exist without being apparent; that the horse 
may have no cough ; that he may keep fat, but that still he 
might not be in a state in which a person had a right to 
expect him to be. That, although he might do slow work, 
if taken care of, yet if he were used laboriously, or should 
take cold, acute inflammation would come on, and death, in 
all probability, speedily ensue. 
Now, gentlemen, if you are satisfied that this state of disease 
existed on the 26th of February, then, undoubtedly, no matter 
what disease the horse died of, the warranty was broken . We 
find that, on the 9th of March, this horse passed into the 
possession of Mr. Kent, on trial. Now, he is a man who 
has had great experience as a veterinary surgeon, whose 
business it is to examine horses, to examine their soundness ; 
and you would say, it is quite incredible that Mr. Kent, who 
would be very careful whilst getting his guinea or half-guinea 
for his certificate, would not be more than ordinarily careful, 
while buying a horse for which he was to pay 60 1. The 
defendant says, that it is quite incredible that Kent should 
not have discovered this latent disease. These are the two 
cases.—Three witnesses are called : they do not profess to 
have any science, but merely speak to the treatment. One 
of them says, at the time he was sold he had a cough, and 
that it was pointed out as a nasty cough—that it did not 
excite much attention, the defendant merely observing, that 
he would give a warranty. He is then taken home by the 
other two, and they say that he, under their treatment, had 
two nitre balls and two mashes ; and their statement is, that 
the horse did not get much better under their treatment,—for 
one of them says, “It did not appear to benefit the horse 
much which statement certainly does appear rather incon¬ 
sistent with the other testimony, for it would appear, that 
Fisher had him under medical treatment more than we could 
judge from the plaintiff’s counsel or evidence. From these 
