582 
VETERINARY JURISPRUDENCE. 
servant. On these pleas issue was joined, and it was thi.s issue the jury 
had to try. 
Mr. Collier then stated tlie plaintifTs case, and afterwards called his 
witnesses to prove tlie same. The following are the facts :—The plaintiff, 
who resided at Matford House, near Ilxeter, is a gentleman, and an officer 
in the Yeomanry Cavalry. He brought the action to recover 60 guineas, 
the value of a mare which was killed on the 19th of July in last year, and 
the death of which he alleged to have been caused by the negligent driving 
of the defendant. The defendant is the landlord of the Butchers’ Arms, 
in Exeter. On the 19th of July plaintiff, attended by his groom, drove 
to the St. Thomas’s railway-station in his dog-cart, which Avas draAvn by 
the mare in question. The plaintiff took the train to Torquay, and then 
gave instructions to his groom to go to the stables of Messrs. Kooke’swith 
the mare. In the evening the groom Avent to a circus to see Tom King 
spar, and remained there until nine o’clock. Shortly afterwards he drove 
home again at a steady pace, he at the time being perfectly sober. After 
he had driven past Messrs. Pince and Lucombe’s nurseries on the Al- 
phington-road, and Avhen nearing Mr. Myer’s house, he heard a vehicle 
driving towards him. At this time, according to the plaintiff’s case, the 
groom Avas driving on the left side, and seeing that the approaching dog-cart 
Avas on the same side as himself, he called out to the driver of the vehicle, 
Avho turned out to be the defendant. The defendant, hoAvever, took no 
notice, but came on at a rattling pace, drove against the groom, and struck 
the mare he was driving with his near shaft. At this time the groom Avas 
about eight feet from the hedge, and the defendant attempted to pass 
him on the inside. The plaintiff’s mare backed a few paces, and it Avas 
knoAvn at the time Avhat had taken place. At first the defendant drove 
on, but presently turned round, and drove against the plaintiff’s dog-cart 
again, locking the wheels. Defendant then demanded the groom’s name, 
threatening that if he did not give it him, he Avould drive over him and 
his horse too. Presently the plaintiff’s mare, Avho had received a large 
Avound in her breast, from which the blood Avas flowing in streams, stag¬ 
gered, fell, and died. The defendant’s horse afterAvards died from injuries 
received, notAvithstanding that the OAvner had examined it at the time, 
and declared it all right. The learned counsel, after referring to the con¬ 
duct of the defendant, inferred that he Avas not sober at the time the acci¬ 
dent took place, and then said the question the jury would have to decide 
Avas on Avhich side of the road the accident really did take place—Avhether 
it occurred nearer Mr. Myer’s side than IMr. Pince’s side, as alleged by 
the plaintiff, or Avhether it Avas on the latter side of the road, as stated by 
the defendant: Mr. Collier explained his version of the case by means of 
a model of the road. 
The defendant’s case, as stated by Mr. Karslake, and afterwards upheld 
by evidence, Avas as follows:—The defendant Avas driving home from 
Starcross—not at a furious pace by any means, and only eight or nine 
miles an hour, according to the evidence of some of the plaintiff’.s Avit- 
nesses. ^Vhen he arrived near Stony-lane, considerably beyond ^lessrs. 
Pince and Co.’s shop, and betAveen that place and Alphington, he came up 
Avith a flyman, Avho, beyond all doubt, Avas the person, if any, Avho saw 
the accident. The flyman had gone out for the purpose of bringing two 
ladles from Alphington, and Avas returning to Exeter. He Avas on the 
right side of the road, and Mr. BalkAvill had to draAv out for the purpose 
of passing him. He saAv the defendant continue on the proper side for 
some time, but he did not see the horses come into collision because he 
Avas behind at the time. The defendant relied on the fact that it was his 
near shaft that struck into the plaintiff’s mare, and that he was driA’ing on 
