The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1884-08-26 00:00:00

JURY Cali.

a.--
Alfred Wait; C 064664 and groosr (Broadmayne) •.
Timothy O'llegeo, excise officer (Guns Abbas) —Mr.
M. N. Howard, of Weymouth, for the plaintiff, and
/12. Trevor Davies. of dherborne, for the def *client
Claim of £l3 101. lid, for drunagee saataitted through
an alleged breach of warranty of. horse. Mr. licatiey,
of Chantmarle, was foreman of the jury.—PlainUff
stated that on the 25.. h of Jump, wanting • borers for
his van, he west to Gerrie to 640 • hone defendant
had for sale. Mr. Groves went with him to Mr.
VRegau'e, who tc them to • little field where the
hone was. lie risked defendant if he would let him
have it on trial for • fortnight or so, but he refused.
IL. agreed to pay 01 fur the horse, and defendant
gave biro the written warranty produced. Wails
, defendant was writing the p.per out he (plaintiff)
, put the mousy on the table and be took it up.
In the document In question defendant warranted the
nor.. quiet to ride end drive and also sound,
and added "U there is anything oontrary I will
take him back on or before llch mak" On 219. h he
observed the off foreleg was not right, and also that
the bores coughed a good that, which led him to think
he was not sound in him wind. He drove it back to
Broadmayne, and is the evening he and Mr. Vogg
drove it to Dorchester station, and tb-noe to &tett or.
At Dorchester be had him examined by Mr. Lips-
combe, veterinary surgeon, arid terwerds drove him
home. Next morning, before eight o clock, he took
the 6•11011 back 10 COMO, 601 Ulla defeodaut he was
sorry to have to return the horse. He said," What
for f" and he told him that 31r. Lipscomb, had pro-
nounced it to be unsound, an I showed him • oertincete
which stated the animal was lame in the off fore leg
from navicolar diereses, by which it was rendered un-
wound. Defendant refused to take in the horse, and
he (plaintiff) drove it to the hold in which he first saw
it, and left it thers.—Croseexamined by Mr. Davies:
When he returned the horse be told defendant he con-
sidered it did not use its fore foot to the meaner he
thought it ought ta do, and also that it couched. He
had fouled out Arm thet the field in which be left it
was Mr. Pils'e, and uot defendant's. He had received
• bitter from Mr. Pile stating—" I haves horse in my
possersaion which, I believe, belongs to you, and I ,
shell be glad if you will take it away." He (plelutiff)
replied it belonced to Mr. Illgam—ClhAslm Vagg,
butcher, of Broadmayne, stated between ficoadmayue
and Dorchester the horse stumbled two or three times,
and he was present when it was examined by Mr.
Linen ombe. The animal was carefully driven. It did
not go lame in the eart—Mr. J. A. Lipeoombe,
veterinary surgeon, of Dorchester, stated he examined
the horse In question, whiel was brought Ii him by
the plaintiff and Mr. Vagg about eight In the evening
of the 241tb, and found it went laine in both feet, which
were c ontracted, especially the off fore foot, from
navicular disenes that had existed for some time. He
gave a certificate the animal was unsound. —ln cross-
examination, witness maid both fore feet were mule-
shaped or contracted. It was • disputed point
whether mule-shaped feet were neo.ssarlly unsciand,
but in his opinion an animal with mule-shaped feet
was not sound—The Court adjourned for luncheon,
and on re-usembling Mr Howard compialard that
Mr. Pile, one of she witneeee for the detente, had
been in communication with the ja7.—His Honour
condemned Mr. Pile's conduct as extremely improper
and indefensible. If it had been an assize ease be
would have been sent to prison at once.—Mr. Howard
called Mr. Charles Dries, veterinary surgeon,
of Weymouth, who gave corroborative evidence that
the animal was suffering from navicolar disease.—
Mr. Davies, having addressed the jury for the defence,
called Regan, who said he had had the horse since
September, 1879. It had mall hoofs, but it had
never gone lame except once, as the malt of • thorn
In the knee. When plaintiff brought back the horse
he wanted him to return him his money, both. re-
fused to do so listless another properly qualified veter-
inary surgeon besides Mr. North. who war present,
*ratified It was unsound. He off wed if the animal
Waa proven to be =wand to return the money and
pay the expiate of the veterinary surgeon, but plain
tiff would not coneent.—'Jhules Way, blacksmith, of
Cern*, who said he bed known the horse since Sep-
tember, 1879, lull had shod it on an avenge once •
month, stated he had noticed anything wrong
with the animal's feet nor bad he aver seem any lame.
n,ssinblm. Asked by NI-. Howard if he could shoe
the horse *sally, witness said be could shoe It with lila
eyrie shut. —Thomas Curtis, blacksmith, of Cern.,
gave corroborative evidenos.—Joseph Whitty, groom,
In the employ of Mr. Norman, of Corns, stand he
groomed the horse last winter. He hal never seen it
go lame—Mr. George Frederick navel!, veterinary
surgeon, stated he examined the hone that morning.
lie dente 1 the animal had nevi/niter disease, and
stated it Was n A lame.—Mr. Charles North and Mr.
Charles Walter Earns, also veterinary iurgeoras.
were 6100 Ogled, and denied that the bores was fair-
ing from nevicular disease, or that It was lame.—
The jury, after a brief deliberatiore returns I a ver-
dict for the defendant, and his El i:110t gave judgment
with costs.