289 
Veterinary Jurisprudence. 
DECISION IN THE HULL CASE OF DESTRUCTION OF 
IMPORTED ANIMALS AFFECTED WITH CATTLE- 
PLAGUE. 
In the Queen’s Bench Division, before Justices Lush and Manisty, the 
case of Nessler and Another v. the Corporation of Hull, has just been 
argued on a special case stated for the opinion of the Court. The 
question was whether the Corporation should pay compensation for fifty- 
six cattle from Russia, which, by the order of the Yeterinary Surgeons 
of the Privy Council, were destroyed, the order having been carried out 
by the Borough Inspector, who had no special authorisation from the 
Corporation. 
Plaintiffs are cattle merchants, carrying on business at Lincoln. On 
the 16th of July, 1872, the Screw-steamer “ Joseph Somes,” of Hull, be¬ 
longing to Brown, Atkinson, and Co., sailed from Cronstadt for Hull, 
having on board fifty-eight head of cattle belonging to the plaintiffs. 
They were apparently then in good health. On the 19th July, the Privy 
Council issued an order that cattle brought from any place in Russia 
should not be landed in Great Britain. Knowledge of this order came 
to plaintiffs’ agent at Hull on the 20th, and he telegraphed to Wilhelm 
Nessler at Cronstadt to stop shipments. Johann Adam Nessler also 
telegraphed from Lincoln to the same effect. The Joseph Somes having 
sailed on the 16th July, it was impossible to stop her at any intermediate 
port. Plaintiffs’ agent then communicated with the collector of customs 
at Hull, asking permission, with strict precautions against infection, to 
land the cattle, which were to be slaughtered within an enclosed area. 
No communication was made with the defendants, unless the notice to 
the collector was to be taken as notice to them. The agent also com¬ 
municated with Mr. Shorten, inspector and veterinary surgeon under 
the provisions of the Act, who received instructions from the Privy 
Council, to examine the cattle and report thereon. The Privy Council 
had also at that time a general veterinary inspector for the department, 
Professor G. T. Brown. Neither of these officers were connected with 
or responsible to the defendants. 
The “ Joseph Somes ” arrived on the 2oth July, with fifty-six head of 
cattle, having lost two by bad weather on the voyage. Plaintiffs’ agent 
again applied to the Yeterinary Department of the Privy Council, and 
to Mr. Shorten, for leave to land the cattle. Mr. Shorten reported to 
the Privy Council that two of the cattle were suffering from what was 
suspected to be cattle plague. Professors Brown and Simonds were 
directed to proceed to Hull. On the morning of the 26th it was found 
that others of the cattle were diseased, and Professors Brown and Simonds, 
with Mr. Shorten, pronounced twenty-two of them infected, and declared 
that, under the circumstances, it was necessary the whole number— 
fifty-six—should be slaughtered, and the carcases destroyed. No cer¬ 
tificate as to the existence of the disease, as required by section 33, was,, 
however, given in the case. 
On 27th July Professors Brown and Simonds sent for Mr. James 
Freeman, the inspector for defendants, appointed under section 12 of the 
Act, and instructed him to have the cattle slaughtered and their carcases 
placed on lighters and towed out to sea, both carcases and lighters to be 
sunk. The order was carried out. Plaintiffs’ claim is £1037 compen- 
