BLINDNESS AND OTHER DISEASES. G7 



or opacity of the lens.(«) Glaucoma, also, is an unsound- 

 ness, (6) and also glass eye or gutta serena.(c) But where a 

 horse, warranted sound, was sold by auction, having a 

 blemish in one eye, open to the buyer's observation, not- 

 withstanding the warranty, he was found liable for the 

 price. ((Z) But where a buyer unskilfully doctored a horse 

 for blindness, without notification to the seller, the seller was 

 found not liable, under a warranty of " free from blind- 

 ness." (e) If a horse takes megrims, mad or sleepy 

 staggers,(/) it is manifestly unsound ; and if it be a 

 " shiverer,"((/) it is thought that, being unable to "back," it 

 is unsound also. When a horse suffers from dropsy of the 

 skin or heart,(/i) glanders or farcy, (i) poll-evil, (y) enlargement 

 of the parotid gland, (A;) ringworm, mange, or scab,(Z) it is 

 without doubt unsound : and in regard to slight derange- 

 ments of the liver,(wi) or slight enlargement of the hock,(7i) 

 lampas,(o) pimples on the skin,(27) a ragged frog, or saddle 

 galls, (g), it is a question as to how far its utility is, or is 

 likely to be, impaired, whether it is unsound or not. Fur- 

 ther, any vicious habit may amount to unsoundness, provided 

 it impair the natural usefulness of the horse. Thus, backing 

 and jibing, kicking, rearing, shying, crib-biting, roaring, if of 



(«) Higrjs V. Thrale, before Chief Baron Pollock, Guildhall, 18th Feb., 1850; 

 Brigf/s v. Baker, before Chief-Justice Tindal, 1845 ; cit. Oliphant, 76. 



(h) Settle V. Garner, before Martin, B., Westminster, 1857 ; Oliphant, 90. 



(c) Oliphant, 91. 



(rf) Scott V. Hannah, 1815, Hume, 702. 



(c) Russell V. Ferricr, 1792, Hume, 675. 



(/) Sheriff V. Marshall, 1812, Hume, 697. 



(g) Pollock V. iVacadavi, 1840, 2 D. 1026. 



(h) Eaves v. Bixon, 1810, 2 Taimt. 343, 



(i) See cases of glanders, Baird v, Graham, 1852, 14 D. 615 ; Robertson v. 

 Connolly, 1851, 13 D. 779, 14 D. 315 ; see also §§ 06, 169. 



(j) Oliphant, 97. 



(k) Oliphant, 97. 



(I) Oliphant, 94. 



(m) If severe, it is unsoundness, Hyde v. Davis, Liv. Sp. Ass., 1849 ; Bucking- 

 ham V. Rogers, 1864, Guildhall, Oliphant, Appx. 477, 479. 



(n) Oliphant, 88. 



(o) Oliphant, 94. 



{p) See§ 46. 



(Vy) Oliphant, 100. 



