UNSOUNDNESS AND VICE. 73 



a thing as a pimple were on some part of tlie body wliere 

 it might have that effect, as, for instance, on a part which 

 would prevent the putting a saddle or bridle on the animal, 

 it would be different." 



" An argument has, however, been adduced from the 

 shghtness of the disease and the facility of cure ; but if 

 we once let in considerations of that kind, where are we 

 to draw the line ? A Horse may have a cold which may 

 be cured in a day ; or a fever, which may be cured in a 

 week or a month ; and it would be difficult to say where 

 to stop. Of course, if the disease be slight, the Unsound- 

 ness is proportion ably so, and so also ought to be the 

 damages : and if they were very inconsiderable, the Judge 

 might still certify under the statute of Elizabeth (A-), to 

 deprive the plaintiff of costs." 



" But on the question of law, I think the direction of 

 the Judge in this case was perfectly correct, and that this 

 verdict ought not to be disturbed. Were this matter pre- 

 sented to us now for the first time, we might deem it 

 proper to grant a rule, but the matter has been, we think, 

 settled by previous cases : and the opinion which we now 

 express is the result of deliberate consideration." 



And Mr. Baron Alderson said, " I am of the same 

 opinion. The word ' sound ' means sound, and the only 

 qualification of which it is susceptible arises from the 

 purpose for which the warranty is given. If, for instance, 

 a Horse is purchased to be used in a given way, the word 

 * sound ' means that the animal is useful for that purpose ; 

 and ' unsound ' means that he, at the time, is affected with 

 something which will have the effect of impeding that use. 

 If the disease be one easily cured, that will only go in 

 mitigation of damages. 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 aeeident ; and the 

 doctrine laid down by him on this subject, both to-day 

 and in the case of Coates v. Stephens (/), is not new law; 

 it is to be found recognized by Lord Ellenborough and 

 other Judges in a series of cases " {ni). 



The rule as to Unsoundness applies to cases of disease Temporary 

 and accident, which from their nature are only tempo- "^^^^^ses. 

 rary, it not being necessary that the disorder should be 



{k) 43 Eliz. c. G, s. 2. {m) Eiddell v. Burmrd, 9 M. & 



\l) Coates V. Stephens, 1 M. & Rob. W. 670. 

 137. 



