VETERINARY JURISPRUDENCE. 
361 
was not agreed that he was to send up the horse for me to see her and 
to show her to a friend ; he was to send her up, and if I did not like 
her I was to send her back, and we were to pay the carriage between 
us; he did say something about Mr. Adams the breeder, and that I 
might write to him if I liked, but I did not do so, as it was no business 
of mine; he did not tell me she was nervous or shy; he did not say he 
would not warrant her, though he believed her to be sound, and that I 
might refer to the breeder, Mr. Adams ; do not remember his saying 
that he bought her without a warranty, and as such would sell her; 
told him that my cob was sound, quiet to ride and to drive; dare say 
I told him that he was a splendid walker, for he was a good goer; when 
1 saw the mare at Exeter she was notvery nervous; she was quiet; she 
would not allow me to take up her hind feet; a Mr. Rookes, who was 
there, said to me, after the mare was booked to go by the train, “I 
should have bought the mare only that she was so very nervous;” 
did not say anything to Mr. Badcock in any of my communications 
about the mare being unquiet; she was a very vicious brute, and would 
bite and kick at people in the stable ; Captain Maude rode her five or six 
times ; he had agreed to take her for the month ; he told me that she 
ran away with him twice, and I know she broke her martingal. 
Re-examined—I thought her a nice mare, and tried all 1 could with 
her; my reason for parting with my own nag was that he was not big 
enough for me ; and I did not want him. 
Thomas Budgett , foreman to the plaintiff, remembered the mare 
being brought home on the 13th January; she was rough, and her 
hoofs were unusually long ; when she was shod observed that she had 
corns; should say that they had been some time coming on; noticed, 
after she was shod, that every time she came out the mare was lame, 
but as she warmed it went off; in seven or eight days she went dead lame, 
and her shoes were taken off and her feet put in linseed meal poultices 
for three days; after that she went sounder, but she was never sound ; 
she was a bad feeder, and I fancied, when I gave her water in the 
morning, that she drew her breath very short; she got worse, and the 
doctor was called in ; she was not a quiet horse ; she would not let 
any one mount her who was not a good rider; she never bolted with 
me, but I had my suspicion more than once that she would if she had 
the chance. 
Cross-examined—She was a bad-tempered animal, and I found it 
out directly, and told my master of it. 
George Braybrook —I am a farrier, and have been in business twenty 
years; remember shoeing the bay mare in question when she came into 
plaintiff’s possession ; her hoofs were grown an extraordinary length ; 
I never, in my experience, had seen a hoof so long before; she could 
not have been shod for three or four months; pared her feet as much 
as was requisite, and discovered a corn in each foot of largish dimen¬ 
sions ; the one in the off foot was of extraordinary size ; the corns would 
make a horse go lame; in four or five days afterwards ordered the feet 
to be put in poultices; should say that the corns had been in the feet 
for twelve months ; they could not have grown since she was last shod; 
do not consider that she was a sound mare. 
Frank Bryant —1 was asked by Mr. Butson to look at the mare; she 
was a very good-looking mare, but she rode very impatient and very hot; 
finding that she was irritable in the ride, I took her into the street, and 
she started off with me down the street at a smart gallop ; she was not 
a safe horse to ride. 
Cross-examined—I could see what she was at once, and so could any 
one who was a judge ; told Mr. Butson what she was. 
XXXI I. 
48 
