710 
Veterinary Jui'isprudence. 
COUNTY COURT. 
BeforeWiLhik-M. St. John Wheelhouse, Esq., Judge. 
IMPORTANT HORSE CASE. 
Richardson v. Holmes; 
In this case the plaintiff, who is a spirit merchant residing at Selby, 
sought to recover from the defendant, who is a veterinary surgeon at 
Beverley, the sum of £10 IDs. 6d., being the amount of loss sustained by 
the former in consequence of bis having purchased a mare from the 
latter, which, soon after coming into the possession of the plaintiff, was 
found to be a “ roarer.’' 
Mr. Parker (Weddall and Parker), solicitor, Selby, appeared for the 
plaintiff, and Mr. Summers, of Hull (for Mr. Pettingell), on behalf of 
the defendant. 
Mr. Purser, in opening the case, stated that, at the last Howden Spring 
Fair, a man named Clough, cousin to the breeder of the mare in dispute, 
brought her for sale. The defendant saw the mare, and having examined 
her, purchased her for £23. Shortly after he had taken possession of 
her he met the plaintiff, who at once bought her, giving the defendant a 
profit of £9. Mr. Holmes received no warranty with the mare, but he 
gave a written one to the plaintiff, and it was on this warranty that the 
suit was grounded. Shortly afterwards the plaintiff found that the 
mare was a confirmed roarer. He (Mr. Parker) w’ould call the breeder, 
who would tell them that about two years ago the animal suffered from 
inflammation ; that she afterwards became an unsound one, and was sold 
to the defendant as such. 
The first witness examined was Mr. James Parker, farmer, &c., at 
Dunkeswick. He stated that he bred the mare in dispute. About two 
years ago she had a kind of influenza. She appeared to be better in 
about a w^eek. Witness thought she made a little noise. He was of 
opinion that she was a “ whistler.” He sent her for sale to Howden Fair, 
and she then made a little noise. In cross-examination the witness stated 
that he had had large experience in horses, and he knew that when they 
got cold there was a thickening in the windpipe. When he (witness) 
sent the mare to Howden Fair she was in pretty good condition. Wit¬ 
ness had hunted her about a month before Howden Fair, and she 
carried him well after the hounds. 
Mr. O. Turner, farmer, and licensed horse-dealer, Sykling Hall, said 
that in March last he was at Mr. Parker’s, and rode the mare. He gal¬ 
loped her, and found she was not sound in her wind. She did not 
quite make a roaring noise, but something approaching to it. 
Cross-examined.—Had had large experience in horses, and knew that 
if they took cold it would cause them to make a noise. He was of 
opinion that she w’ould make a noise when she was purchased by the de¬ 
fendant. If the mare had been tried by butting at the ribs and by being 
ridden fast, and there was then no noise, he should have come to the 
conclusion that she was not a roarer. In reply to Mr. Parker, the witness 
stated that he should not think a horse which was unsound in its wind in 
March would ba very sound in April. 
