252 
V E T E UIX A R Y J1: 111 ? P R U D E N C E. 
SriLSBY COUNTY COURT, FicBRUAav Gtii. 
Before J. G. Tred, Esq., Q.C., Judge. 
KING, 11. G., V. SMITH, 13. 
SCAB IN SHEEP. 
Claim of £50, for loss sustained by the plalntlfT, a respectable farmer 
of North Ormsby, by the purchase of 204 sheep of the defendant, at 
Partney, last September fair, which, prior to and at the time of sale, were 
suffering from a disease commonly called scab. 
The defendant is a well-known cattle-dealer and farmer at Frieston, 
near Boston. The plaintiff had laid his loss at £80, but had reduced the 
sum to £50 in order to bring it within the jurisdiction of the court. 
The case, which had been adjourned from the January court, had 
evidently excited, both among farmers and dealers, the most intense 
interest, and was felt by both classes to be of the highest importance as 
a rule for their future proceedings. It lasted from ten o’clock in the 
morning until after five in the afternoon, and during the whole time the 
large sessions-hall was completely filled. 
Mr. Allison again appeared for the plaintiff, and Mr. Toynbee for the 
defendant. The following gentlemen were sworn as a jury to try the 
case;—Messrs. T. C. Maidens, W. Sharpe, F. Riggall, M. Heanley, 
J. Bond, J. Swain, W. Morton, jun., C. Brooks, G. Cartwright, J. B. 
Fowler, H. Searby, and C. Mayfield. 
Mr. Allison, in opening the case, stated in a long and eloquent address 
the circumstances under which the action had been brought, and which 
he intended to prove by a large number of most respectable witnesses. 
There were three grounds on which he mainly relied for the verdict of 
the jury in his favour. First, that the defendant knew at the time of 
sale the sheep were infected with a contagious disease; secondly, that 
prior to and at the sale they were suffering from that disease; and, 
thirdly, that for sheep sold at Partney and other fairs in North Lincoln¬ 
shire there is, by the custom of the country, an implied warranty that 
they are free from contagious diseases. He called the plaintiff, who 
stated that he was a farmer at Ormsby; he also occupied a farm in the 
Middle Marsh, and another at Stewton, in all about 1000 acres. He was 
at Partney September fair last year, and bought thirty-three sheep of 
Mr. Morley, and afterwards bought 204 in four lots, of the defendant, 
at 405. each. At the time of the bargain the four lots were separated, 
but afterwards the dividing trays were, by the defendant’s orders, taken 
up and the sheep all ran together. They were taken to Brinkhill that 
night, and on the next day on to his farm at Stewton. He wanted some 
of them for breeding and some for feeding purposes. The fair was on 
Thursday. On Frida}’’ he went over to Stewton to tell his shepherd 
Avhat to do with them, and in consequence of what he heard he went 
again on Monday, and took his Ormsby shepherd with him, when the 
sheep were examined, and some were found to be suffering from scab in 
an advanced state. The disease spread, and in all sixty-two became 
infected. In consequence of the disease he had not been able to use 
them for breeding purposes, as he had intended. 
In cross-examination by Mr. Toynbee.—He said he did not begin 
dressing them for a fortnight after he knew they Avere diseased. He had 
knoAvn cases in Avhich persons buying sheep and afterwards finding them 
scabbed, had returned them. It was a rare thing to find scabbed sheep 
in a fair. This Avas the only case he kncAv of. 
