350 THE ADVENTURES OF A GENTLEMAN 



A nerved horse is held to be unsound, in Best v. 

 Osborne, Kyan and Moody, 290. 



It was proved that horses, previously lame, would, 

 when nerved, frequently go free from lameness, and 

 continue so for years ; and that horses, after the 

 operation, had been employed for years as cavalry 

 horses, in active service. 



Chief Justice Best told the jury, that it was diffi- 

 cult to say that a horse, in which there was an or- 

 ganic defect, could be considered sound ; that sound, 

 meant perfect ; and a horse deprived of a useful 

 nerve was imperfect, and had not that capacity of ser- 

 vice which is stipulated for in a warranty. The plain- 

 tiff obtained a verdict. 



It is due to Mr. Sewell to mention, that this ope- 

 ration of nerving was invented by him, and great 

 credit is due to him for the discovery : this very case 

 proves the value of it, when it shows that a nerved 

 horse is restored to such a use of his powers, as 

 to render it even doubtful if he may not be warranted 

 sound. 



I can find no case in the law books, upon the sub- 

 ject of ophthalmia ; but in the case of Earl v. Patter- 

 son, tried at Guildhall, before Chief Justice Tindal, 



