IN SEARCH OF A HORSE. 341 



James Mansfield,) that roaring is not, necessarily, 

 unsoundness ; and I entirely concur in that opinion. 

 If the horse emits a loud noise, which is ofifensive to 

 the ear, merely from a bad habit which he has con- 

 tracted, or from any cause which does not interfere 

 with his general health, or muscular powers, he is 

 still to be considered a sound horse. On the other 

 hand, if the roaring proceeds from any disease, or 

 organic infirmity, which renders him incapable of 

 performing the usual functions of a horse, then it 

 does constitute unsoundness. The plaintiff has not 

 done enough, in showing that this horse was a roarer : 

 to prove a breach of the warranty, he must go on to 

 show that the roaring was symptomatic of dis- 

 ease." 



If it be true, as is commonly reported, that the 

 celebrated Eclipse was a roarer, the complaint ought 

 not to be viewed as necessarily amounting to unsound- 

 ness, unless the proximate cause of it is proved to be 

 organic disease. 



Temporary lameness would appear, upon every 

 principle of common sense, to be unquestionable 

 unsoundness ; and so, I apprehend, it may be con- 

 sidered as now decided. Yet there are contradictory 

 decisions upon this point; and as in both cases the 



