72 



WHAT DISEASES CONSTITUTE UNSOUNDNESS OR VICE. 



The term 

 " Natural 

 usefulness." 



Important 

 decision as to 

 XJnsoixndness. 



of structure from accident is not compreliended within the 

 definition there given. This, however, is an important 

 omission, because when the Court of Exchequer laid down 

 the rule as to unsoundness, Mr. Baron Alderson on this 

 point said, " It is, however, right to make to the definition 

 of Unsoundness the addition my brother Parke has made, 

 namely, that the disqualification for work may arise either 

 from disease or accident" {g). 



The term " Natural usefuhwss" must be borne in mind. 

 One Horse may possess great speed, but is soon knocked 

 up ; another will work all day, but cannot be got beyond 

 a snail's pace ; one with a heavy forehead is liable to 

 stumble, and is continually putting to hazard the neck of 

 his rider ; another with an ii^itable constitution and a 

 washy make, loses his appetite, and begins to scour if a 

 little extra work is exacted from him. The term Unsound- 

 ness cannot be applied to any of these ; it would be 

 opening far too widely a door to disputation and endless 

 wrangling. The buyer can discern, or ought to know, 

 whether the form of the Horse is that which will render 

 him likely to suit his purpose, and he should try him 

 sufficiently to ascertain his natural strength, endurance 

 and manner of going (//). 



The following is a most important case on Unsoundness 

 in animals : — An action of Assumpsit was brought on the 

 warranty of three bullocks, and under the direction of 

 Mr. Justice Erskine at the trial, a verdict was found for 

 the plaintiff. In refusing a rule for a new trial, Mr. 

 Baron Parke said, " The rule I laid down in Coates v. 

 Stejdiens (/) is correctly reported, that is the rule I have 

 always adopted and acted on in cases of Unsoundness : 

 although, in so doing, I differ from the contrary doctrine 

 laid down by my brother Coleridge in Bolden v. Brog- 

 den{j):— 



" I think the word ' sound ' means what it expresses, 

 namely, that the animal is sound and free from disease at 

 the time he is warranted sound. If, indeed, the disease 

 were not of a nature to impede the natural usefulness of 

 the animal for the purpose for which he is used, as, for 

 instance, if a Horse had a sligJtt pimple on his skin, it 

 would not amount to an Unsoundness ; but even if such 



{ff) Kiddell v. Barnard, 9 M. & 

 W. 671. 



(A) Lib. U. K. "The Horse," 

 361. 



(;) Coates V. Stephens, 2 M. & Rob. 

 137; and see " Kule as to Unsound- 

 ness," ante, p. 71. 



{j) Bolden v. Brogden, 2 M. & 

 Rob. 113. 



