468 APPENDIX. 



condition in the Warranty authorizing a return of the Horse 

 if it turned out unsound, and that in either of these cases 

 Monetj had and received "woidd lie." The Jury returned a 

 verdict for the plaintiff. 



Hall v. Rogerson. 

 Before Mr. Baro7i Alderson, Neivcastle Sj)ring Assizes, 1847. 



Knoivles, Q.C., and Mulcuster, for the plaintiff. 



Granger and Otter for the defendant. 

 Laminitis. This was an action of Assumpsit on a breach of the War- 



ranty of a Horse. 



Pleas, 1st. Non Assumpsit. 



2nd. Traverse of the unsoundness. 



The plaintiff bought a Horse of the defendant at the New- 

 castle August Fair, 184G, warranted sound and quiet. The 

 Horse was re-sold with a Warranty to a Mr. Bramley at the 

 Newcastle October Fair and taken to Nottingham ; but on 

 turning out lame, he was tahen back by the plaintiff" to New- 

 castle, and sold by auction in December. Tlie Horse, before 

 the first sale, had been twice burned for Sandcrack {b), which 

 had been removed, and he hud Cracked heels some time after 

 sale. The alleged unsoundness was Laminitis (c). 



To prove the unsoundness Mr. King, Veterinary Surgeon 

 and Livery Stable-keeper, stated that he had seen the Horse 

 in his forge a week or two before the first sale; that he had 

 directed his shoes to be taken off, and on examining his feet, 

 had observed a slight Convexity of Sole, which he pointed out 

 to the defendant. The defendant then asked him if he would 

 be j ustified in warranting the Horse as it had been warranted 

 to him. The witness asked if he was satisfied the Horse 

 went sound ; he replied, " Perfectly so." The witness then 

 said he was justified. The witness next saw the Horse at his 

 own stables, where he was kept after he had been purchased 

 by the plaintiff. He observed him go sJiort and crippled iti 

 his action, and he then had Cracked heels {d). A man was in- 

 structed to poultice the forelegs, the heels were very tedious, 

 and an ointment was applied. The Horse never got better of 

 the crijipled action while he stood there. He left October 29 

 and came back December 12. He was examined more care- 

 fully after he was returned by Mr. Bramley. The hoof was 

 then very much contracted at the coronary ring, just at the 

 junction of the hoof. The soles continued convex, the heels 

 hit the groimd first, he went lame at that j)eriod, and was not 

 a sound Horse. 



{b) Sandcrack, ante. Feet, ante. 



[c) See Laminitis and Pumiced {d) See Grease, ante. 



