VETERINARY JURISPRUDENCE. 
711 
Mr. Henry Taylor, member of the Royal College of Veterinary Sur¬ 
geons, formerly of No. 3, Story Street, Hull, and now of Bridlington, 
was next called. He said that on the 3rd of June he was called by the 
plaintiff to see a bay mare. He found that she was a roarer, and he was 
of opinion that she had been a complete roarer for a great length of time. 
The disease was of much longer than six weeks’ standing. 
Cross-examined.—Witness [tested the mare by getting on her back 
and galloping her, when he found a clear and distinct noise, showing 
that she was not a roarer of recent standing. Ptoaring might come on 
in a few months or weeks, but not in a few days. It would be more than 
two months fiom ahorse being well, taking cold, and becoming a roarer. 
He was of opinion that the mare in question was a [roarer of long stand¬ 
ing. He said this after thirty years’ experience. The mare also had a 
bone spavin on the near hock. 
Mr. Cartledge, member of the Royal College of Veterinary Surgeons, 
one of the Examiners also of the Edinburgh Veterinary College, and 
formerly a pupil of the last witness, was then called. He said that on 
the 12th of June he was called to see the mare in dispute. He examined 
her only for roaring. Witness thought the roaring was of some standing, 
that it had existed for many months. He tested her by galloping and other 
usual modes. There was no external mark of recent treatment, and the 
noise was clear, sonorous, and distinct. If it had been recent, the noise 
would have been softer and the breathing more difficult. A horse might 
become a roarer without any swelling and inflammation, and without any 
apparent cause or illness. 
This was the case for the plaintiff. 
Defendant was then called. He stated that he had been a veterinary 
surgeon for thirty years, and for seven of that period veterinary surgeon 
to the body guard in India. He had had considerable experience in 
horses. When he first saw the mare in dispute he asked a few questions 
as to what the animal had been doing, and whether a warranty would 
be given. The witness Clough said that she had been hunting, and 
that he would give a warranty with her. Witness applied the usual 
tests for roaring, by galloping her along the turnpike and round a large 
field. He subsequently purchased her for £23, and the plaintiff soon 
afterwards gave him a profit of £9 on the mare. The person of whom 
he (defendant) purchased the mare then refused to give a warranty at 
that price. The mare was not a roarer when the defendant purchased 
her, and for an animal afflicted with this disease he w'ould not give £5. 
Mr. George Clough, of Kirkby-over-BloAv, said that in April last he 
Avas requested by Mr. Parker to take the mare in dispute to IIoAvden 
Fair. The defendant purchased her, and tried her on the turnpike road. 
To his (Avitness’s) knoAvledge, the defendant did not gallop her round a 
field. He was directed by Mr. Parker to sell the mare without a Avar- 
ranty. He sold her for £23, and the defendant soon aftei’Avards sold her 
for £32. Witness never told the defendant that she Avas as good a mare 
as any gentleman need have. The defendant offered him a warranty 
book to sign, but he refused to do so, as he had had instructions to give 
no Avarranty. 
Robert Clark, a horsebreaker residing at York, deposed to being pre¬ 
sent Avhen defendant purchased the mare. He heard the witness Clough 
tell the defendant that the animal Avas all right, and a perfect hunter. 
Mr. Summers and Air. Darker having addressed the Court on behalf 
of their respective clients, his Honour gave judgment for the plaintiff 
for the amount claimed, and costs. 
