The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1882-12-19 00:00:00

SWINE DEALING AND SWINE FEVER,

At the (jaunty Court on Toureday, the adjourned cue
came on of Wultoun It3bene, gardener. v. Gnarled Gale.
dalrytnan, for ailog-d broach of w & Y. wall rnard to
some pigs. and £2 Si. 6.1. dAmages were gleamed for their
lose by a toe lever.
Mr. It N lidward appeared for plaintiff. and Mr. Giles
D ecbestr, for defendant . .

Mr. Itilivonntie, tit, iteterinuy officer, on whose repot t
the Pita were 46,404,0 d, no • appe.red, the caae having
been arlj turned for his attendance.
Plaintiff, in croso-exarnirtat.tm by Mr. Symonds, stated
pretty muck whet he had areal), sod in evidence. He
asked defendant abiut some p cc he referred him to his
eon Chart.. who showed him 20 or Z. He offered Li for
three, but Charles would not take it without his father, as
thy price was Tic ewe. They were brought t his sty,
and be paid Mr. Gale £4 for them. On the 2.5. h he toll
Mr. Gale there was something the matter with them ; but
Mr. Bale returned they were all right wh-n he bought
them, and he (Ribero) might have been poisoning them
wit'a Vet stud he gave. The pigs were afterwards
examined by the veterinary inspector. condemned, and
slaughtered. C. 2 Ita. 61. being allowed by tne county
conainittse as half their estimated value, and the claim
was for the rest of the value. Two of the pig. were
blind, and they would not eat, and had spots on them,
red and blue, or purple.
Mr. Symonds submitted that defendant's *on had no
authority to sell the pigs without referring ti the lather,
and therefore he could not give e warranty.
Mr. Howard urged that Mx. Gels wee e g I dealer
in pigs, for he could no more sell every animal than •
draper could sell every bit of goods in his shop, and, as
Ur. Gale was • dealer, he °mitten led he was in the gime
politiOn LS • horse dealer who soot • bores by his SeryAnt..
If the servant of a dealer gave • warranty, the dealer was
bound by it.
An argument of considerable length ensued het wove
the learned gentlemen, as to whether the son was
authorised to give a warranty or nit, Mr. Symonds con•
tending that the son could nit, and Mr. H 'ward that be
ens authineel. Casill were referred to, Whittling
"Brady and Told." and the law appeared to be that if •
gentleman ends his servant, to a fair for Instance. with
• horse 10 sell, SOO servant baa no authority to give
warranty; but if the seller is a boreedertler, the e-rvant
being supp noti n.) be used to dealing, he is authorised,
and if he gives a warranty, his in miter is bitted by it.
R. 11. Luckham, miller, stated that o• July IPth
he went to plaintad'e house and saw his pugs. Ito
looked at three particularly, and they were very slapy.
and had red blotches about their sare and (see&
. . . .

Crew-examined : The sty liras cieener than his nen.
Br Mr. Howard : B. toid plaintiff he thought the pigs
had swim, lever.
Plaintiff's wile. Elisabeth Ann R Mans, said that when
the piss were brousht home, they would not eat. She tried
them with pillard and milk.
Mrs. Jane Nelson, ot bluish Hill, said she bought a pig
from Mr. Gal.'s. . . . . .

---
There was an argument as to whether this evidence was
admissible, sad the veterinary sureeon was called.
Hr. Lipscomb', IL it.C.V.S. and comity inspector, used
he went to Mr. Hobeas's and found his pigs eateries from
saki* aver. It was than thoroughly and fully developed.
Ii tags at the least from 14 to 21 days, and sometimee
more. and sitars itself by lose of appetite, shivering, and
general wesknets, and ultimately it affecte the eyesight.
Maul I consider it had been developing not least than
14 or Il days. On his report the pigs were ordered to be I
destroyed. 1
Cram-examined : Should th'nk the dives) might have
exieted from 14 to 22 days Toe symptoms would not be
different in cases where the davalooment look different
times. BWiao fever is a specific, intictious, c intagious
disease of chi blood, alma from lilavi-potsouing. Taira
would be spores of disease in the air. He saw than on the
lit August. If they were soued on toe 131 n July, that
would allow 12 days, and they might have been sound on
the 13th July, and yet diseased on August Ist. Possibly
the man who had led them in the sty might have been in
oontect with infected pigs. Toe disease would develop
mT. rapidly in hot weather. The state of the sty might
help to develop the disease. At Hr. Gale's he saw a turd
of pigs, examined them with the policeman, and noticed
one, *hien he pointed out. It looked rather thin, and had
a discharge from the eyes, and be looked on it with
suspicion, but did not condemn it. nor visit the herd
alter. Was not surpriad to hear that pig is now all..
sad fat It was not his duty to go and me the herd atm,
he eat on being called by the He hoped he Sid
not ett-ry the contagion with bit.
. . . . .

By Mr. Symonds : The dimes* might he cdtveyed by s
puma going from diseased pigs to others.
Mr. Symonds : I hope people will be careful how they
have ten inspector. to I tok at their pigs.
By the Judge : That is on tie spiredic theory, which
eppites t c rioters, aid the theory is tUat this cat:le di....
is sp ire lig.
Mr. Symonds : Sopp.ing a disease were in process id
derelopruent, would it be likely to be communicated by
contact. _

—iir7Eipreombe : It might be, but not so likely u when
thl. germs were develJud.
. . . - .

.-07ose---e—ie-min-e;1--:.ii-ibTpig were suffering sni hid the
germs of &seam, it tuight very likely infect others. The
disease is toemahle.__

By Mr. flu rre,rd :ha stupid au of the pia at Mr. Gale's
were alight. The want of &testate. blotches. wars
liana seicielsvrr..

--Mr. Symonds said the plaintiff'. Will started with the
theory that there was an authority from defendant to the
son ti warrant, thee that lee did warrant, and thirdly that
there was a breach. But the son had not taken upon him-
self the ordinary functioes of an agent Toe authority to
eell even was not acted own, but defendant's offer was
communicated to the father, as It could not be accepted
with teferenfus to the father. He also questioned
whether tho disease sal in existenoe when the sale wee
aid med. Assuming the pigs to have been sound on July
13, the, eight, even according to the coheir side'a en lens
have contracts.' disease tunas, and most likely it was gener-
ated in the plaiut ff's sty. Cleanlinest and ventihtion
were important in preventinx the development of disease.
Thera WNW not any peeteoce that any disease exists, t in
Mr. G is h -rd of swine et the time of the • do. If those
Diga were affected on the 13 ii Joly, Me. R awns had, it
seas very angular to say, .el-cteid the only three that were
affected. Mr. Gale had killed something like 400 sco:e
from that very herd; Mr. thle had continually called in
the police to see the pigs, and disease had not appeared
among them at all. As to what Elisabeth itobens said of
the Pigs—was it to be supp teed plaintiff would have bought
them presenting that appearance
Charles Gale, defendant, had resided at Broadway 41
years, and carried on a dairy. In July last he had 26 pigs
running loose in an acre e ground, an on July 12th the
plaintiff came to his house as defendant was going to mar.
lest. As he was so late, defendant could not stop, but
said—" My two sons Cr. in the oowhouse, and they will
show you the
eta. Tell them that some are 2134. and the
*there are 32e. He then went on to Dorchester market,
and returned between four and five. When he returned,
in cons-quence of what his sou told hie, he told him to
take the pigs to defendant's sty. Did nit see &diens till
I be canoe on the 20th, in the evening, and paid ,C 3 19s.
Four days after, plaintiff mune just as he had done skim.
ming, and said—" Mr. Oslo, one of my pigs is not well."
Witness said—" What it the matter with them? Have
'Oa poisoned them like you did last year You said Miss
Gals gave you rabbits paunches and fowls' inside," S mine
conversation passed, and &Amu asked him to tske back
the pitga and let him have three more; but witness said
—"No • if you do, they will be just as bad next week."
Had had no •wine fever among hi. pigs. His son Charles
assists in the beanies at home, but does not I uy or • -11
Plat. and has not done so ithout witness's man -1,1011. His
eon did not warrant them.
By Mr. Howard : He bought 26 pigs at Dorchester, about
lielf.aecore at Mr. Knew's, these three pigs at Mr. Christ i.
pher's, one he had alive, one he fatted, and one went to
Mr. Rogeria Was accoetomed to buy pigs, and som,
times he had 500 score. His son Charles is 33 vests of sea
and halal in the business- It WM Gale and Sons at one
tints, when the son was a little boy, but it was only a
fancy. Charles does not go to Dorchester on seitneeire
business. Had had swine fever at one time on his place,
when he wee ill, and did not gee it, ad 20 pigs were
slaughtered. Tweaty-six pigs were all he had at the time
of the sale, except the fat once. Four days after Mr.
Robson paid him, he eeked Mei to emus and see the pig,;
but he had a bed cioU, mad told him She ems should come.
Sold 1w to Tewkssbna laet limb, sad two siestlis du,