Does a jury have any authority to determine whether a disease is hereditary?

Saskatchewan, Canada


The following excerpt is from Westwood v. McMillan, 1920 CanLII 162 (SK CA):

In Joliff v. Bendall, Ry. & M. 136, where witnesses gave their opinion that certain sheep died from a disease that was hereditary, Abbott, C.J., left it to the jury to say, whether at the time of the sale, the sheep had existing in their blood or constitution the disease of which they afterwards died; or, whether it had arisen from any subsequent cause.

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