VETERINARY JURISPRUDENCE. 
63 
St. ALBAN’S COUNTY COURT, Nov. 21st. 
Before J. Wigham, Esq. 
NIGHTINGALE V, CHESHER. 
This was an action arising out of the warranty of a horse, which was 
alleged by the plaintiff to be unsound.—Mr. Codd, instructed by Mr. 
Annesley, for the plaintiff; Mr. Blagg for defendant. 
Mr. Codd having opened the case to the jury, called Mr. Nig’hting-ale, 
who said, I reside at London Colney. The defendant is a baker, living 
in the village. Was at St. Alban’s Market on the 13th of Septetnber 
last, and rode home with the defendant. On the road he asked me if I 
would buy the mare. I replied I would if he would warrant her sound. 
He agreed to do so, and asked £16 or £18 for her I believe it was £18. 
I offered £15, but he refused to take that sum. In the evening of the same 
day I went down to the Bull and Butcher public house. The defendant 
came in, and we remained together for an hour. During that time 
nothing took place about the mare. Chesher. and Field (the landlord) 
went out of the house together, and remained out for about half an hour. 
On returning, Chesher asked me if I would buy the mare, to which I 
replied, I do not care about her. Defendant then said. Will you give 
£14 for her? I declined, for 1 was short of keep. Field then offered 
£14 for her, and defendant sold her to him. I then offered Field a 
crown for the bargain, which was agreed to, and a cheque for £13 and 
a sovereign was handed to the defendant. He said the mare should be 
delivered on Monday morning. Before the mare was delivered I asked 
the defendant if he warranted her, to which he replied, “Yes, fora 
month, if you like.” I then took the mare from his field to my own 
meadow. 
About three weeks after she went lame in the near fore-leg. I saw 
defendant in the evening, and 1 told him the mare was lame, and was 
sorry for it, as I could not keep her. Defendant then said he should 
have nothing to do with her. I afterwards sent her to Mr. Silvester and 
received a certificate of her being unsound. I then instructed Mr. 
Annesley to write to the defendant, and afterwards had the mare sold by 
auction at the market for £9 9s. The expense of sale and loss is £7- 
Cross-examined—The defendant did say he would take her back for 
half-a-sovereign, but I thought he was only joking at the time. He 
would not take her afterwards. Mr. Silvester did bid me £12 for her; 
had asked before I found out she was lame £18 for her. 1 did not 
want her for any particular use when I bought her. 
Mr. Silvester, veterinary surgeon, said, On the 11th of October I 
examined the mare, which was decidedly lame. The cause of the lame¬ 
ness was a splint on the fore-leg. Did not consider it was a permanent 
lameness, but thought the mare would recover in two or three weeks 
with proper treatment. A splint may or may not cause permanent 
lameness. The lameness rendered her unsound for the lime. 
Cross-examined—I offered £12 for the mare, and considered she 
would soon come sound again. 
O 
Mr, Blagg then addressed the jury for the defendant, whom he 
called, and who said, I live at London Colney. Plaintiff was at St. 
Alban’s market on Saturday, September 13th, and asked me fora ride 
home. He offered me on the road home £l5 for the mare. 1 asked 
him £18, and told him he could not see what she w^as. I did not take 
his offer. In the evening I met the plaintiff at Field’s, and asked him 
if he was going to buy the mare. He replied, “ No, I do not care about 
