RESIDENT MAGTSTRATE'S COURT.

Colonist, Volume IV, Issue 436, 27 December 1861, Page 2

RESIDENT MAGTSTRA TE'S COURT.

[Before J.Poynteb, Esq., Resident Magistrate, and ', ":' '. A. K. Newconie, Esq.] • Wednesday, December 18. < James Blich v. Thomas. Newton, Veterinary Surgeon, for £20, the, value of a colt belonging to tlie plaintiff, which colt, 9ie^ after \ihd»?ig:pij|g an operation performed bythe tdefendanr,"fojr J which loss lie sought to recover the abovei sum. Air. *Goimi:ll for the plaintiff, Mr. JCingdon for defendant. ' ; ' .''■'.,.•■' : : --~:':\i '.<V.!: ~ ; '.\";: ■ James Blick, sworn : I had in Jliemonth of November last a bay colt, and I applied to Mr. Newton to cistrate it; he came T on 'the 18rh November and performed the operation ; it was in the middle; of,.the,.day.:, ; Went down the same evening to see how the colt was getting on, and he appeared to be all right; on the 22nd of thejame month 1 was informed that the colt .was dead. The defendant did not see the colt hetjfcveeni the 18th and 23rd. I value the colt at £20:; heiwas coming two years and eleven months; it was a cart foal; it was a healthy animal previously. ■ Cross-examined: Mr. Newton did not tell '<i*e to do anything with the cplt after the operation; he said if the colt fed well it would be all right, but he did not say I was to let him know if it did not feed. Mr.' Newton. has performed similar operations on cat'le belonging to the family. Did not see the colt until it ; was/dead.; Neve'r'got ?any message from any one about the coir.: When I heard of his being dead, I got Mr. Brock to go up on the 22nd. Mr. Newton was not present; no notice was sent him/ Mr. Brock examined.the celt and gave nW a ificate. Called 6u|Mr. Newton the next day, when he said, 'I hear the colt is dead—it is a bad job.' Asked liimjf he was willing to bear part of the expense,, aj? the horse died whilst in his hands; but he said he WOUld nOt. : ;/;.;- Edward John Brock, sworn : Am a veterinary su i geon. Was called on t lie 22nd November to examine the colt in question. ;Uppn removing the skin it showed a~ pallid state of the muscles ; a great deal of blood had been lost, thei horse was castrated. 'Oft: removing the skin immediately over the belly and flank, I found a large quantity of i)lood under, the skin near the scrotum; it proceeded from -the. divided blood > vessels supplying the testicles j- they .had been divided during "the operation of Castration ; saw something very peculiarabout the abdom<n. On removing the skin at the posterior part of the scrotum,-the incisions made to remove the testicles were small and placid veiy far b ick ;' believe them to have been made k o ''small and top far; back. The watery part of the blood nearly filled the. cavity of the abdomen ; there was appearance of disease on those parts; the inflammation produced mortification; consider the animal died from peritonitus. I have' frequently performed similar operations, and consider it my duty if within a reasonable distance, to see the-animals two or three days after. Had the anitiial. been visijed .by_ the .veterinary suigem 24 hours after, the inflammation would have.bfin stopped; and the horse'saved. Believe the animal died for want of attention and care. lam judge tf horses. ' , . '".' -' ; ; >'■-■-_ "•' ': ■ ■:•'■■■•:

Cross-examined :;'Tl)e usual practice is to tell the parties if anything went wrong to let Him know, and if they did not do so, they must abide by the consequences. Did not "know who {performed the operation until I had seea the horse. 'The usual fee for castration is £\.

Benjamin Blick, sworn: Aih brother of the •plaintiff. Remember the operation being performed on the. colt—l was present. Mr. Nekton did not in my hearing give any directioni about the colt. I know the paddock where the operation was performed. Saw the horse on Thursday night; it appeared to be feeding a little. ; Cross-examined: It might have been 60 o^6o yards distant from me in the paddock. ' Thomas Newton, sworn: Was called on the 18th November to ip.-rate on this colt. It was an easy operation—no struggle; it «as a good operation. Left direction with Mr. Blick to notice 1 while he eats well he does well'; 1 leave similar directions in all cases? saw the brothers in the street, when'they told me the colt was dead, and that Mr. Brock had been called in. The weather was very hot at the time of the operation, and was so for 2. or 3 days after. I castrate at all seasons of the year; have operated on more than 300 horses since I have been in the province^ Had I been waited on in the proper time, and had proper attention on the part of the plaintiff been paid to the colt, it would have lived. The magistrates in dismissing the case, Slid they considered that no unskilful treatment had been proved—on: the contrary, having some knowledge of hovses themselves, they considered that neglect had ,heen proved on the 5 part of the plaintiff. Mr. Newton a character as a veterinary surgeon waa^ untauUtd, ftudoo «h«vge of aegleet could, \fv brought against him,* :^