DISEASES, DEFECTS, ETC. IQl 



blade, and the matter may appear at the point of the 

 shoulder or the elbow ; or the bones of the withers may 

 become carious. On other parts of the back, tumours and 

 very troublesome ulcers may be produced by the same 

 cause. These little tumours resulting from the pressure 

 of the saddle are called Warbles ; and when they ulcerate, 

 they frequently become Siffasfs {/i). If the smallest 

 Warble is in such a situation as to prevent the putting 

 on of a saddle or harness, it is a breach of a Warrant// of 

 Soundness (i). 



On this point Mr. Baron Parke expressed an opinion in Pimple on a 

 Kiddell v. Barnard {/:), where he said, " If the disease were Horse's skin, 

 not of a nature to impede the natural usefulness of the 

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

 stance, if a Horse had a slight Pimple on his skin, it would 

 not amoimt to Unsoundness ; but even if such a thing as a 

 Fbnple were on some part of the body where it might have 

 that effect, for instance, on a part which would prevent 

 the putting a saddle or bridle on the animal, it would be 

 different." 



It is a question for the Jury whether the Horse in such Question for 

 case is fit for immediate use. Thus, where an action was *^® '^^^^'^'' 

 brought for the price of a Horse warranted sound, and 

 the defendant endeavoured to show that he had a tender 

 place on his neck, which when touched made him plunge, 

 it being situated where the mane is usually grasped by a 

 person when mounting, and that he was therefore unsafe 

 and unfit for use while it lasted ; Mr. Justice Wightman 

 summed up and said to the Jury, " I take your opinion 

 whether you are satisfied that the Horse when put into 

 the defendant's stable was rendered unfit for immediate 

 use to an ordinary person on account of some disease." 

 The Jury held that, when delivered, he was quite fit for 

 present use (/). 



Salienders constitute Unsoundness. See Mallenders {ni). Sallenders. 



Sander acli, as its name imports, is a Crack or division of Sandcrack. 

 the hoof downwards, and into which Sand and dirt are very 

 apt to insinuate themselves ; or it is so called, as some say, 

 because it most frequently occurs in Sandy districts, the 

 heat of the sand applied to the feet giving them a disposi- 



(A) Lib. IT. K. "The Horse," W. 670. 

 169. {I) Ainslei/ v. Broicn, before 



(i) The same principle is appli- Mr. Justice "Wightman, Newcastle 



csXAe to Bruised Shoulder. Spring Assizes, 18-15. 



{k) Eiddcll V. Burneird, 9 M. & {m) See Mallenders, ante, p. 94. 



