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In the list of the proceedings taken in 1893 was the case of
the Vestry against Messrs. Bertram and Co., for having sold
milk adulterated with 36 per cent, of added water, which was
dismissed by the magistrate on the ground that the defendant
had purchased the milk under a written warranty of its purity,
and had no reason to believe that when it was sold it was
otherwise, and that there was evidence before him (the magistrate)
from which he might infer, assuming that it was not
sold in the same state as when the defendant purchased it, that
the change was not made by himself or his servants, or to his
or their knowledge. The magistrate stated a case on the
question whether the decision was right in point of law.
When the appeal was heard in March last by Mr. Justice
Matthew and Mr. Justice Collins, the decision of the magistrate
was reversed. Mr. Justice Matthew, in giving judgment,
said, "that the conditions of the Section as to warranty had
not been satisfied. It was not proved and was not found that
the milk was in the same state when sold to the customer as