372 
VETERINARY JURISPRUDENCE. 
“ for twenty lambs warranted sound ” are in much paler ink than the 
signature and obliteration. 
Hull Webber , farmer, called : I was at Taunton fair on the 17th of June 
last. I was in conversation with the defendant. The plaintiff came up; 
he said, “ Oh dear, Mr. O’Borne, I understand that your sheep have had 
the scab.” The defendant said, “ Well, I know there has been something 
the matter with them, but did not know it was the scab, or what it was, 
but they are all sound now.” He said also that he had bought some 
sheep in, and they had brought something among his flock, but they were 
quite cured and sound now, and that he would make them all right. 
Plaintiff said he would not have them on his farm for £50, if they had 
any scab about them. The plaintiff had asked me to let them go home 
with my sheep, but I refused, because I had heard that they had the scab. 
Cross-examined : I do not recollect Mure’s name being mentioned. 
Defendant said he had had a man to dress them. This was before dinner. 
No one has suggested to me what happened. I perfectly recollect it. 
By the Court: I walked away, and left plaintiff and defendant talking. 
Plaintiff had asked me to let the lambs go with mine before he came up 
to Mr. O’Borne and myself. 
Samuel Crabb, farmer, said: I was at Taunton fair on the 17th June 
last. I asked defendant’s bailiff to take back my sheep as far as Ashley. 
I had defendant’s permission. I saw plaintiff and defendant together. 
I had heard plaintiff say something before I saw him put his hand upon 
defendant’s shoulder. I heard plaintiff say, “ If there is anything of that 
sort, I would not have the sheep upon any consideration.” Defendant 
said, “ You need not be afraid of that, my dear fellow ; I’ll warrant the 
sheep perfectly sound and clean.” 
John Hill , farmer, said: I was near the last witness, and heard Mr. 
O’Borne warrant the sheep. I heard the words, “ I warrant them sound 
and clean.” 
Cross-examined : Mr. O’Borne was walking away from the pen. The 
plaintiff put his hand upon his shoulder and said, “ If there is anything 
about these sheep, I shall not have them and defendant replied, *‘My 
dear fellow, I’ll warrant the sheep sound and clean.” I understood that 
my brother had previously sold the sheep. I saw the plaintiff and de¬ 
fendant at the pen together. 
Frederick Bond, farmer, said: I keep a large flock of sheep. On the 
25th of January last I was called upon to examine some sheep at 
plaintiff’s. About eighty or ninety seemed to be suffering from scab, 
more or less. Mr. James Pauli accompanied me, for the purpose of 
assessing the damage sustained. The charge of 4d. per head is a fair 
charge for ordinary keep; 2s. per head for dressing and attendance is a 
very small charge. I consider the loss of wool to be 2s. 6d. a head ; 5s. 
per bushel for peas and vetches is a fair charge. The remaining sum of 
£12 7s. 2d. charged in the particulars would not compensate for other loss. 
Cross-examined: The lambs would be worth 37 s. or 385. in January, 
if they had been free from disease. They ought to be worth 45s. per 
head by this time. 
James Ware Fault , yeoman: I estimated the loss upon the eighty or 
ninety sheep in consequence of the disease, and consider it is much under 
the mark. 
Cross-examined : The sheep ought to be worth 505. a-piece, supposing 
they were free from scab. I examined the sheep in company with Mr. 
Bond and the plaintiff. We were about two hour§ engaged. I reckon 
that the loss of wool was fully 25. Qd. a head. I should say some had lost 
three pounds, and were nearly naked. 
