CO UNSOUNDNESS. 



the body where it might have the effect of impairing its 

 natural usefuhiess, as, for instance, on the part which would 

 prevent the putting a saddle or bridle on the animal, it 

 Avould be different." Moreover, it is not necessary that a 

 disorder be permanent or incurable, provided the animal be 

 imfit for present service. This was laid down in a case of 

 temporary lameness,(a) and also of cough ;(6) and Baron 

 Parke, in Kiddel v. Burnard,{c) said : " A horse may have a 

 cold which may be cured in a day, or a fever which may be 

 cured in a month, and it would be difficult to say where to 

 stop." All acute diseases, therefore, constitute unsoundness 

 as long as they last, and also some vices, provided they are 

 such as to impair a horse's usefulness. The question 

 whether a horse is sound or not is often one of circum- 

 stances merely, and it is frequently very difficult to draw the 

 line where unsoundness begins. 



As a result of these and other cases, (cZ) it may be taken 

 that a horse is sound when he is free from any disqualification 

 for immediate or future use. This definition excludes diseases 

 of all kinds, hereditary, constitutional, permanent, or tempor- 

 ary. When the latter character is such as to impair its useful- 

 ness, it would also cover disease Avhich either does, or in its 

 ordinary progress wnll, impair its future usefulness ; and it also 

 excludes any imperfection arising from the result of accident, 

 and such vices as would in law amount to unsoundness. 

 The question of soundness or vice is purely a jury question, 

 and in judging of it the jury must consider whether a horse 

 warranted sound was at the time of delivery unfit for 

 immediate use to an ordinary person ; and the Court will 

 not set aside a verdict merely on the ground of a slight pre- 

 ponderance of evidence, (e) 



(a) Elton V. Brogden, 1815, 4 Camp. 281. 

 (h) Elton V. Jordan, 1815, 1 Starkle, X.P.C. 127. 

 (c) Kiddel, cit. 

 (fO Cited in §§ 49-53. 



(e) Lewis V. Peake, 1816, 7 Taunt. 153 ; .Justice Petteson in BayJisw Lawrence, 

 1840, 11 Ad. and E. 920. 



