UNSOUNDNESS. G 1 



47. The causes of Unsoundness. — The diseases usually 

 causing unsoundness in horses may be thus classified : 

 — (1) Those affecting the soundness of wind ; (2) those 

 affecting soundness of limb ; and (3) those affecting eye- 

 sight, skin, digestion, the brain and nervous system, or the 

 glandular system ; including internal tumours and the like. 



48. Diseases affecting the Wind. — All diseases which 

 are permanently incurable constitute unsoundness, and 

 where a horse is affected with a curable disease, it is a 

 question of degree whether it be sound or not. While it 

 lasts, almost every disease of Avind is unsoundness sufficient 

 to entitle rejection. 



A horse suffering from broken wind is manifestly 

 unsound,(«) as it is an incurable ailment ; or from thick 

 wind, for the like reason, if it be the result of chronic 

 inflammation, (6) but not so if it be proved to be the result 

 of a temporary cause, (c) 



Bronchitis also, and inflammation of the lunsfs, amount to 

 imsoundness.((:?) Thus, where a horse sold died the day after 

 sale of inflammation of lungs, and it was proved that it had 

 a cold and coughed on the morning of sale, and was kept for 

 some time in a warm stable, and there was no maltreatment 

 by defender, unsoundness was upheld in defence to an action 

 for the price, (e) 



49. Cough and Sore Throat. — A cough at the time of 

 sale is a good ground for immediate rejection, if permanent. 

 But what if it be temporary ? (/) In England, the subsequent 

 recovery is no defence to the action,('f/) but it may be 



(«) Willan V. Carter Lancaster Spr. Ass. 1853, cit., Oliphant, 79. 



(b) Atkinson v. Horridf/e Chester Spr. Ass. 1847, cit., Oliphant, 472. 



(c) Oliphant, p. 107, such as exercising it on a full stomach. 



{d) Oliphant, p. 79, as to cold developing into these serious disorders, see § 49. 



(e) Fulton v. Watt, 1850, 22 .S. Jurist, 64S. 



(/) See § 46, p. 60. 



[g) Coates v. Stephens, 1838, 2 M. and R. 157. 



