768 
VETERINARY JURISPRUDENCE. 
the Bath cattle market, on the 15th of August, ]\Ir. Henry Howell being 
the auctioneer. On the 10th of August I wrote a letter to the defendant, 
informing him that the horse would be submitted to public auction, and 
that the horse was older than his wife alleged. I subsequently sent a 
handbill to t!ie defendant. I received an account from Mr. Howell, stating 
that the horse was sold for £7. My business is principally in Bath, and 
it is of course necessary that I should have a sound animal. I don’t know 
where the horse is, or who purchased it, and 1 had no hand whatever in 
re-purchasing the horse. 
Mr. Rowland (in cross-examination).—I conclude you have a good many 
horses. Without being very impertinent, may I ask what is your stock 
of horses ? 
Plamliff. —About ten or eleven. 
j\[r. Roicland. —Where do you generally buy them ? 
Rlainliff. —Generally at home. 
Mr. Rowland. —Had you bought any at Tan-hill before ? 
Plaintiff. —I bought some at Tan-hill the previous year. 
Mr. Rowland. —How did they turn out ? 
Plaintiff. —One very well, and one did not, 
Mr. Rowland. —Did you serve the one that did not turn out well the 
same as you have used this ? 
Plaintiff. —1 returned it. 
Mr. Rowland. —Then you went to Tan-hill with your eyes rather wider 
open than usual ? 
Plaintiff. —Not particularly. 
Mr. Rowland. —Did you tell Mrs. Holmes that you had been taken in 
last year, and that this year you would prefer trying a horse out of a 
farmer's team ? 
Plahitiff. —I have no recollection of anything of the kind. 
Mr. Rowland. —Words to that effect ? 
Plaintiff .— No. 
Mr. Rowland. —Very well. If your memory don’t serve you, T won’t 
press it. If you returned the horse last year, why did not you return this ? 
Plaintiff. —I did return this one in the way I did the one last year. 
The plaintiff was somewhat closely pressed in reference to this point, 
but he said : The horse last year actually went back. I am rather more 
tha'n twenty miles from Tan-hill. Perhaps I am six miles from Tan-hill 
now. I should think it is twenty-five miles from Tan-hill to Bath. The 
horse was trotted at Tan-hill. The animal jerked out of my friend’s 
hands, who held it. I considered the horse to be sound on the faith of 
the warranty given me. I bought three horses at Tan-hill that day. A 
drover rode one, and led the other. He rode this horse which is now in 
dispute ; the former answer was an error of mine. 
Charles Book., a haulier, living in Bath, who had been seventeen years 
engaged in tliat trade, said he saw a bay-gelding to be sold by Mr. 
Howell, in August last. Tliere was only one horse sold on the 15th of 
August. The horse was very lame in the near fore-foot when sold. 
Witness had intended to purchase him, but he was so lame, that he did 
not. There were a great many persons there. It was ultimately bought 
by a cattle dealer for £7. 
The witness was not cross-examined. 
William Tanner, a horse-breaker, at Bath, where he had been ten years, 
said he took a bay gelding from IVIr. Broad’s yard to the market, on the 
15th of August, and he saw him sold. The animal was very lame on the 
near fore-foot. He fetched £7. There was a “good parcel” of people 
there. 
