74 



WHAT DISEASES CONSTITUTE UNSOUNDNESS OR VICE. 



Acute dis- 

 eases. 



Rule as to 

 Vice. 



How Un- 

 soundness or 

 Vice should 

 he left to a 

 Jury. 



permanent or incurable. And this is laid down as law by 

 Lord Ellenboroiigh in Elton v. Brogden {n) , and Elton 

 V. Jordan (o) ; also by Mr. Baron Parke in Coates v. 

 Stephens (p), and by the Court of Exchequer in Kiddell 

 V. Barnard {q), although Mr. Justice Coleridge in Bolden 

 V. Brofjden (r) was of a different opinion. 



It will be unnecessary to take into consideration acute 

 diseases, such as fevers, inflammation, &c., because all 

 Horses are without dispute unsound, during the time they 

 are affected by them. 



A Viee is a bad habit, and a bad habit to constitute a 

 vice must either be shown in the temper of the Horse, 

 so as to make him dangerous, or diminish his natui-al 

 usefulness ; or it must be a habit decidedly injurious to 

 his health is). 



The Soundness or Unsoundness of a Horse is a question 

 peculiarly fit for the consideration of a Jury, and the 

 Court will not set aside a verdict, on account of there 

 being a preponderance of evidence the other way {t) ; 

 and they should consider whether the effect said to proceed 

 from the alleged Unsoundness, is such an effect as in the 

 eye of the law renders a Horse unsound. It is also a 

 question for them, whether a Horse warranted sound was 

 at the time of delivery rendered unfit for immediate use to 

 an ordinary person, on account of some disease {u). 



And in case of Vice they should consider, whether the 

 effect alleged to proceed from a certain habit, is such an 

 effect as the law holds to be a Vice in a Horse. 



DISEASES, DEFECTS OR ALTERATIONS IN STRUCTURE, AND 

 BAD HABITS. 



We shall now consider, in alphabetical order, as the 

 most convenient method, the various diseases, defects or 

 alterations in structure, and bad habits, to which the 

 Horse is liable ; and with the assistance of decided cases, 

 and guided by the rules which have been laid down by 



(ii) Elton V. Brogden, 4 Camp. 

 281. 



(o) Elton V. Jordan, 1 Stark. N. 

 P. C. 127. 



[p) Coates V. Stephens, 2 M. & 

 Rob. 137. 



(q) KiddcU V. Bimiard, 9 M. & 

 W. 670. 



(»•) Bolden v. Brogden, 2 M. & 

 Rob. 113. 



{s) ScJwleJield V. Robh, 2 M. & 

 Rob. 210 ; and see Crib-biting-, 

 post. 



(0 Leu-is V. Pcalce, 7 Taunt. 153; 

 S. V. 2 Marsh. 43 ; per Patteson, 

 J., Baijlis V. Lawrence, 11 Ad. & E. 

 926. 



(«) See Saddle-galls, post ; and 

 Alnsley v. Brown, there cited. 



