324 THE ADVENTURES OF A GENTLEMAN 



the abstract principle. The first is that of Eaves v. 

 Dixon, 2 Taunton, 343, where it was held, that in an 

 action on the warranty of a horse, the plaintiff must 

 positively prove that the horse w^as unsound. 



The horse died a few days after the sale, and on 

 dissection it was found, that the lungs were greatly 

 inflamed, and adhered to the ribs : the pericardium 

 was also enlarged. It v/as also proved that the horse 

 was apparently in health and high condition down to 

 the time of sale : that the disorder was of so rapid a 

 nature that inflammation of the lungs was known 

 sometimes to begin and terminate in mortification 

 within three days. On the other hand a farrier, 

 called on behalf of the plaintiff*, imputed the sleek- 

 ness of the horse's condition to water under the skin, 

 arising from dropsy in the chest. On this conflicting 

 evidence the plaintiff succeeded at the trial, but the 

 court held that he ought to have been nonsuited ; 

 " for on the warranty of a horse, it is not sufficient 

 to give such evidence as to induce a suspicion that 

 the horse is unsound ; if the plaintiff" only throws 

 soundness into doubt, he is not entitled to recover ; 

 he must positively prove that the horse was unsound 

 at the time of sale." 



