92 



WHAT DISEASES CONSTITUTE UNSOUNDNESS OR VICE. 



Kickint 



Kidney- 

 dropping 



Lameness. 



Temporaiy 

 lameness an 

 Unsoundness. 



the Goggles, which was stated by farmers and others con- 

 veisant with sheep to arise from "breeding in and in from 

 relations;" and that sheep so disordered will thrive and 

 seem to be in sonnd health until they be about two or 

 three years old ; that there were no means of discovering 

 by the appearance or otherwise when sheep are affected ; 

 that it is generally fatal, and no cure or prevention known 

 for it, and that it was reputed among farmers an Unsound- 

 ness. Chief Justice Abbott left it to the Jury to say, 

 " whether, at the time of the sale, the sheep had existing 

 in their blood or constitution the disease of which they 

 afterwards died, or whether it had arisen from any subse- 

 quent cause." And on this direction a verdict was found 

 for the plaintiff (<■/). 



KicJiing, either in the stable or in harness, is a bad and 

 dangerous habit, and therefore a Vice. Some Horses, 

 particularly Mares, from fidgetiness and irritability, get 

 a habit of kicking at the stall ; and this taking place 

 generally at night disturbs the other Horses, and produces 

 swelled hocks or some more serious injury. It shows Vice 

 in the temper of the animal (e) , and it is very seldom that 

 a confirmed Kicker can be cured (/). 



A Kidney-droppev will appear quite well at starting, but 

 after travelling a short distance he will come to a dead 

 stand-still, and, if not supported, will drop down on the 

 spot. A Kidney- dropper is worthless and Unsound (g). 



Lameness, whether temporary or permanent, is an 

 Unsoundness ; because however temporary it may be or 

 however obscure, it lessens the utility of the Horse and 

 renders him unsound for the time. How far his soundness 

 may be afterwards affected must depend on the circum- 

 stances of the case {h). 



The law as laid down in Coates v. Stephens (i) and 

 Kiddle v. Burnard{k), with regard to temporary diseases, 

 is the same as was formerly held by Lord Ellenborough, 

 and will be seen in the following cases : — A Horse, sold 

 warranted sound, was proved to have been lame at the 

 time of sale ; this the defendant admitted, but undertook 



[d) JoViff V. Bendcll, R. & M. (/;) Lib. U. K. "The Horse," 



136. 364. 



{e) Lib. U. K. "The Horse," {%) Coates v. Stephens, 2 M. & 



336. Rob. 137, overruling Boldcn v. 



(/) Scholejicld v. Bohb, 2 M. & Brogden, 2 M. & Rob. 113. 



Rob. 210. (A) Kiddell v. Burnard, 8 M. «fc 



((/) See Eastmau''s case, Lambeth W. 070. 

 Police Court, Nov. 11, 1853. 



