470 APPENDIX. 



never had inflammation before sale, but only a Sandcrack {k), 

 wbich had been burnt and cured. It was also proved that 

 the Horse, when in the plaintiff's possession, had been hard 

 di-iven by a servant, and that the Horse and gig had rolled 

 down a bank of eighteen feet, after which the Horse could 

 hardly walk home ; it had been found necessary to bleed him, 

 and the defendant's case was that there had been a metastasis 

 of the inflammation from the viscera to the feet. 



Mr. Taylor, a Veterinary Surgeon, examined the Horse at 

 Nottingham on the 10th of November ; he then was lame in 

 both feet, the sole was flat and partially convex, and decidedly 

 unsoimd. The feet had all the appearance of Laminitis il) 

 having existed for some time, which had produced an altera- 

 tion in the shape of the foot. The Coronary Ring was con- 

 tracted, which is a symptom of Laminitis {I). It generally 

 makes a Horse put his heels first to the ground, and go short. 

 The witness gave a Certificate of unsoundness. On cross- 

 examination the witness stated that a Horse might so far re- 

 cover as to ordinary observation to appear sound, but that the 

 lameness would return when he was put to the ordinary work. 

 (Aldersox, B. : It must be ordinary ivork, because more than 

 ordinary would not be fair. ) 



The Horse was sent for to be inspected, and the Judge 

 allowed the Jury to go out and see him. 



In summing up, Aldersox, B., said to the Jury — "The 

 plaintiff must make out the Horse xmsound on the 29th of 

 August, namely, at the time of sale. The only doubt is on 

 the second issue : if the plaintiff' leaves it in doubt, the verdict 

 must be for the defendant. Where a person seeks to show 

 that an unsound Horse has been sold to him, he should give 

 notice pretty soon. Here it was not from August till No- 

 vember, and the examination was made in December. You 

 must be certain that this disease had its origin as a formed 

 disease at the time of sale. It is unfair for a party if he has 

 no Notice ; therefore a case should be very clearly proved. 

 There may be a metastasis or change of position, either in the 

 human frame or in that of animals. If you find for the 

 jilaintiff, you must give the difference between the value of 

 the Horse when sold and when returned. How much worse 

 was he for the disease ? If the plaintiff has improvidently 

 sold him, the defendant is not to suffer. You must add 

 3/. 19s., the cost of bringing him back from Nottingham." 

 The Jury found a verdict for the defendant. 



(A) Sandcrack, ante. 



[1) See Laminitis and Pumiced Feet, ante. 



