DECISION. 
315 
2d.—The plaintiff has failed to prove that the defendant was 
guilty of any negligence or malpractice in connection with this 
case. 
3d.—Defendant has proven by the testimony of Dr. D. J. 
Dixon, a veterinary surgeon who has graduated from the Amer¬ 
ican Veterinary College, New York, and who assisted the defend¬ 
ant in the operation performed on plaintiff’s horse, that the cast¬ 
ing of the horse, and all tilings that were necessary for the sur¬ 
gical operation, were done and performed in the manner always 
followed and employed by expert and experienced veterinary 
surgeons, and that the defendant was guilty neither of malprac¬ 
tice or negligence in the operation performed, and he agreed in 
the diagnosis made by the defendant and testified that the strug¬ 
gles of the animal after being cast broke its back ; and he further 
testified that it is not an uncommon thing for such accidents to 
happen during surgical operations on horses, without any fault 
or miscarriage of the veterinary surgeon performing the same. 
4th.—Dr. L. McLean, a veterinary surgeon and graduate of 
an Edinburgh college, Scotland, and who has practiced as such 
for more than twenty-five (25) years in the United States and 
elsewhere, testified that in his opinion, as an expert, the defend¬ 
ant, in the conducting of the casting and the surgical operation 
performed on plaintiff’s horse, was guilty of neither negligence 
or malpractice, but, on the contrary, that the defendant took 
every precaution and used every means which a prudent and 
practical veterinary surgeon would have adopted and used in and 
about such a surgical operation. 
5th.—Dr. C. Burden, also a veterinary surgeon and graduate 
of the American Veterinary College of New York, and a prac¬ 
titioner of twenty-eight years, in the city of New York, testified 
that, in his opinion as an expert, the defendant used every means 
which a prudent and careful veterinary surgeon would have used 
in the casting of a horse and in the performance of the surgical 
operation testified to have been performed on plaintiff’s horse by 
the defendant. 
6tli.—* Both the plaintiff and defendant testified that the plain¬ 
tiff’^ l|ors§ fop rnoye four months ^ya§ unable and unfit for 
