64 UNSOUNDNESS. 



very high authority (Sir J. Mansfield, C.J.) that roaring is 

 not necessarily unsoundness, and I entire!}' concur in that 

 opinion. If a horse emits a loud noise which is offensive to 

 the ear, merely from a bad habit which he has contracted, or 

 from any cause which does not interfere with his general 

 health or muscular powers, he is still to be considered a 

 sound horse." On the other hand, if roaring proceeds from 

 any disease or organic infirmity which renders him incapable 

 of performing the usual functions of a horse, then it does 

 constitute unsoundness. ^To prove a breach of the warranty 

 the plaintiff must go on to show that the roaring is 

 symptomatic of disease, (a) The same reasoning will apply 

 to such ailments as strane^les, sore throat, wheezingc, whistling^, 

 gruntinof, and the like. It has not been decided whether 

 nasal gleet constitutes unsoundness.(6). 



51. Diseases arising from Lameness. — Lameness, tempo- 

 rary or permanent, constitutes unsoundness. Thus, canker, (c) 

 bone spavin, and blood spavin, (cZ) pumice feet,(e) ossifica- 

 tion of the lateral cartilages, or side-bone, (/) laminitis,((/) 

 navicular joint disease,(/i) quittor,('i) true ring hone,(j) sand- 

 crack, (/»;) are almost invariably indications of unsoundness, as 

 they are not only very diflicult of cure, but nearly all of 



(a) Basset v. Collis, 1810, 2 Camp. 522. 



(6) Oliphant is of opinion it would, p. 95, but it is very much a matter of degree. 



(c) See Williams, Prin. Vet. Surgery, 384, et scq. 



(d) Pollock V. Macadam, 1840, 2 D. 1026 ; Hendric v. Steicart, 1842, 4 D. 1417; 

 Gardiner v. M'Leavy, 1880, 7 R 612 ; Watson v. Denton, 1835, 7 C. and P. 86 

 (bone spavin). Williams, 301, ct seq. 



(e) Oliphant, p. 97. 



(/) But not in cart horses, Williams, 332. 



{g) Hall V. Rogcrson, Newcastle Spring Assizes, 1847, Oliphant, Appx. 468 ; 

 Smart v. Alison, before Chief-Justice Wilde, Guildhall, 1847, Oliphant, Appx. 474. 



(A) See Robeson v. Waugh, 1874, 2 R. 63 ; Matthews v. Parker, Gloucester 

 Spring Assizes, 1847, Oliphant, Appx. 471. A nerved horse is always unsound, 

 because, having no sensation in the foot, he may come down at any time. Best v. 

 Oshorne, 1825, R. and M. 290. 



(j) Oliphant, 97 ; Williams, 389, et scq.; and Biju-ater v. Richardson, 1834, 1 A. 

 and E. 508. 



(_;■) On the same principle as bone spavin, but not alway.s false ring bone, 

 Williams, 285. 



(k) Williams, 374. 



