479 
Veterinary Jurisprudence. 
COURT OF EXCHEQUER, June 14. 
( Sitting's in Banco before Lord Chief Baron Pollock, 
and Barons Martin, Bramvvell, and Watson.) 
BLACK V. ELLIOTT. 
This was an action to recover damages for the loss of 800 sheep, 
arising from the use of a sheep-dipping composition purchased by the 
plaintiff of the defendant, who is a chemist and druggist, carrying on 
business in the North of England. The case was tried at Northumber¬ 
land at the last spring assizes, before Mr. Justice Willes, when a verdict 
was returned for the plaintiff. Jn the subsequent term Mr. Atherton, 
for the plaintiff, obtained a rule calling upon the plaintiff to show cause 
why the verdict should not be set aside and a new trial had. The rule 
came on for argument yesterday, and was resumed this morning. After 
hearing the arguments of the learned counsel on both sides, the Court 
discharged the rule. 
BRISTOL COUNTY COURT (Jury Case). 
(Before Sir J. E. Eardley Wilmot, Bart., Judge.) 
WITHERS V. WHITE. 
Mr. G. L. King appeared for the plaintiff; and Mr. Slack, of Bath, for 
the defendant. 
Mr . King said the plaintiff, William Withers, was a horse-dealer, at 
St. George’s, and the defendant, George White, a farrier at Bath, and 
the action was brought to recover £16 6s., being the amount of loss 
which the plaintiff had sustained through a breach of warranty of a 
horse. The horse was purchased by the plaintiff on the 23d of Sep¬ 
tember last, in Bristol Market, of the defendant, who warranted him 
sound. He (Mr. King) should distinctly prove the warranty, and he 
should have no difficulty in showing the breach. Mr. Kent, the veteri¬ 
nary surgeon, who must be well known to them all, was called to examine 
the horse on the 1st January, and he would tell them that at that time 
the animal was suffering from a malady which must have been of long 
standing—of at least twelve months’ duration. The principal disease 
under which he suffered was one of the hocks, and they would hear Mr. 
Kent, who would illustrate his evidence by some bones which he had 
in his pocket (laughter), describe to them the nature and consequences 
of the malady. They would also hear that the horse was suffering from 
poll disease, and that there was at least twelve ounces of fluid suffused 
in the poll. The horse, at the time, was not suffering from any acute 
inflammation, but they would learn from Mr. Kent that if fresh inflam- 
mation came on, the fluid would produce caries, or rottenness of the 
