808 
Veterinary Jurisprudence. 
CASE OF ALLEGED PLEURO-PNEUMONIA. 
Durham Michaelmas Sessions, 20 th October , 1880. 
Before the Chairman (John Lloyd Wharton, Esq.), John Fawcett, Esq., 
and F. Greenwell, Esq. 
Cowley and Walker v. Garry and the County Justices of 
Stockton Ward. 
This was an appeal against a conviction of the Stockton magistrates, 
the appellants being Robert Cowley, cattle dealer, of Darlington, and 
John Walker, cattle dealer, of Cockerton. 
Mr. Luck, instructed by Mr. Edward Wooler, for appellants, and Mr. 
Milvain, instructed by Mr. H. G. Faber, for respondents. 
On the 8th of September last appellants were convicted by the Stock- 
ton magistrates for sending, or causing to be sent, a cow suffering from 
pleuro-pneumonia from Darlington to Stockton, by the North-Eastern 
Railway. They were each ordered to forfeit the sum of £15 4s. 3d., 
and £4 5s. 9d. costs, making a total of £20 each. 
Mr. Luck, at the outset, took certain technical objections—first, that 
the conviction was a joint one made against the appellants, and they 
ought to have been separate and distinct convictions; and, second, that 
by the Summary Jurisdiction Act, 42 and 43 Viet., cap. 49, sec. 5, in 
default of payment of penalty, the amount of punishment should not 
exceed two months for a sum of £20, whereas in this conviction the 
magistrates had imposed a sentence of three months. 
The Court overruled the first objection, and amended the conviction 
as to the second. The case then proceeded on its merits, Mr. Milvain 
stating that he should prove that the cow was diseased on the morning 
of the 25th of August, and he thought, if he proved the animal to have 
been suffering from some disease or other, that would be sufficient to 
show the conviction was good. 
The Bench reminded Mr. Milvain that he must show the cow was 
suffering from “ cattle disease,” which the Act defined as being rinder¬ 
pest, pleuro-pneumonia, foot-and-mouth disease, sheep-pox, or sheep- 
scab. The real question the Bench had to decide was whether this 
animal was suffering from one of these diseases or not. 
The transmission of the animal by the appellants having been 
proved, 
John Metcalfe Garry , inspector under the Contagious Diseases (Ani¬ 
mals) Act to the Stockton Corporation, said he saw the cow in the Half 
Moon Hotel yard, Stockton, on the 25th of August last. She was 
suffering very badly from pleuro-pneumonia. 
Mr. Hall , veterinary inspector to the Corporation of Stockton, said he 
made an examination of the cow on the 25th of August last. He found 
the animal suffering from pleuro-pneumonia of a very bad description. 
He had had long experience of this disease, and remembered, when a 
boy, his father losing forty beasts from this disease. He believed the 
disease arose spontaneously, but its origin was an unsettled question at 
the present-day. The temperature of the animal was 102 degrees. The 
normal temperature of a healthy cow was 98 or 100 degrees, but tem¬ 
perature was only one symptom of pleuro-pneumonia out of a great 
number of others. 
