4 O WHAT DISEASES CONSTITUTE UNSOUNDNESS OR VICE. 



be mistaken, and will frequently be attended with a change 

 of form, a portion of the Le)is being forced forward into 

 the pupil. Although the disease may not have proceeded 

 so far as this, yet if there be the slightest cloudiness of the 

 Le)is either generally, or in the form of a minute spot in 

 the centre, and with or without lines radiating from that 

 spot, the Horse is to be condemned ; for in ninety-nine 

 cases out of a hundred the disease will proceed, and Cataract, 

 or complete Opacity of the Lens and absolute Blindness will 

 be the result ix). Cataract is an Unsoundness {>/). 

 Remittent In- That Injf animation of the eye of the Horse, which usually 

 flaimiiatiuu. terminates in Blindness of one or both eyes, has the pecu- 

 liar character of remitting or disappearing for a time, once 

 or twice, or thrice, before it fully runs its course. The eye, 

 after an attack of inflammation, regains so nearly its former 

 natural brilliancy, that a man well acquainted with Horses 

 will not always recognize the traces of former disease. 

 After a time, however, the inflammation retiu-ns, and the 

 result is unavoidable (;:). 

 Opacity of the Blindness is undoubtedly an Unsoundness; but to con- 

 Lens held to stitute a breach of warranty in cases of Cloudiness of the 

 Eye or Opacity of the Lens, after the sale, there must 

 either be proof of an attack of inflammation before sale, 

 or Veterinary Surgeons must be produced who will dis- 

 tinctly state that, from the appearance of the eye, there 

 must have been inflammation before the time of sale. The 

 following case is in point : — ■ 



A Horse was bought by the plaintiff in April, war- 

 ranted sound and quiet. He was sent on the 18th of 

 June to be examined by an eminent Veterinary Surgeon, 

 who detected an " Opacify of the crystalline Lens" in the 

 near eye, and pronounced it his decided opinion that the 

 defect must have been of long standing, and that in fact 

 it was chronic ; to produce which state, it must have re- 

 quired a great many successive attacks of inflammation. 

 It might have been produced in six months, and it was a 

 sort of thing which few dealers would have been likely 

 to find out. Another Veterinary Surgeon had examined 

 the Horse, and did not see the defect, but could not swear 

 that it did not then exist. On this evidence a verdict was 

 found for the plaintiff {a). 



(.r) Lib. IT. K." The Horse," 94. („-) Lib. U. K. "The Horse," 



\v) IDggs v. Thmlc, before Chief 363. 

 Baron Pollock, Guildhall, Feb. 18, ('/) Brings v. Balccr, before Chief 



1850. Justice Tindal, Nov. 29, 1845. 



