The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-07-19 00:00:00

1'4.,

COUNTY COURT.

TUESDAY.
(Bake. Mr. Serjeant Tindal-Atkinsen, Judge.)

Hills I'm's. v. George Houle, Tincletu.—This was
claim for Ll 10a. for damues done to the plaintiff's swede
turnips by the trespass of the stock of Mr. Spicer, in whose
employ the defendant h. Plaintiff having given evidence
of the trespass, his Honour said the plaintiff's action was
misimnoeived. He should h•re sued Mr. Spicer, mad called
Lb. defendant in his witnees.—Plaintaf said it was the
plaintiff's duty to keep the fence in order.—Judgment for
the defendant, with wets.
James Meech. baker, v. George looks, Winterborne
Abbea—Mr. R. N. Howard, of Weymouth, for plaintiff,
and Mr. Hart's, of Bridport, for defendant.—"Plainliff
claimed £1010.., lose .stained for breech of warranty of
a horse. He is • baker, and carried bread round the
country. He had ponsesed ons hone, but, am it was not
quit., lug. enough, be wished to get another. He was
r.c =mended to the defendant, who had shone for sale.
He had an interview with him, and titer agreed to
culture. Ddiendant tad hire his (plaintiff's) horse earn
worth £lO, and he agreed to pip bin. ZS into the bargain.
Plaietiff drove the defeedant's bores up the road, and,
finding it coughed, he asked the reason, and be replied
it had been lying out one free ty night, and had caught •
mad. He warranted the horn rf. ctly sound, and
plaintiff took it on the strength of the warranty.
He had the horse borne, and loon I that next day it was
so bad that he could scarcely use it. He took it to •
veterinary surgeon, who gave it as his opinion, it
had been doctored, end had taken some opiate, which bad
kept it up for the t me. He took it back to the
defend .nt, but be could not see him. lie had since 'mid
Mr. Rolle, to whom the horse had since been sold, .13 10e.
tn get his own horse beck, and this, with the feS paid to
the plaintiff, was his claim.—His Honour slid if Mr.
Nantes intended to deny the warranty be must have a
jwy.—Mr. Nantes replied he should deny the warranty,
and should plead that if in the cinvereetion that took
pls.° the defendant nude statements that induced the
plaintiff to bay the horse, them statements were justified
by the actual state of the bores. He should also plead
that the defendant had no opportunity of re.buying the
borne—Mr. U. J. Dein& veterinary surgeon, Weymouth,
&tatted he had • grey more brought to hum for examina-
tion by Mr. Meech. It was very badly broken-wind-d
and very unsound. It was one of the worst cams of the
kind be had seen for some time He had no doubt a
narcotic had limn aiministered to —ln crom-examinse
tion by Mr. Nantes, witaree said the horse was brought
to him on May 27th, and the barter took place on the sth
of M.y. 11 was imp .ssible the horse oould have heroine
as broken-win led, as be found it, in the interval.—Mr.
' John Daw said he was preiseot when m nu pawed
: between plaintiff and the d. fendent. In the conversation,
Plaintiff said he thought the horse was wind-broken, end
defendant replied be did not think it was; lilt was be
I would forfeit £&—ln further croseuxuninntiosi, plaintiff
i said be went to Mr. looks on the recommendation of Kr.
Rolls, and slier be had purchased it he took it beck to
R Mr. olls, who bad since bought it —Mr. Roll. we. called
and said the horse was • staunch one, and was working
welt He would sot now sell it for EIS. Ile could not dent
the bone was not wind.broken.—His Honour suggested
an amicable arrangement between the pectin, and
ultimately the partise retired, and, after coosultatios,
aa agreement was come to.