SOIINDNKSS. 487 



liiuUn- wliii'li 111' lahovi'd, ou^^lil lo he of a prnnaiu'iil iialiiic, and 

 not sucli as may arise IVdiu u tciuporary iiijury oi- .•idciil." 



Oil the coiilrary, Lord I'^llcuboroii^li says: "I have always 

 lic'ld, and iit)\v lu)ld, that a warranty ol Hoiiiuliicss is IjioIumi, if 

 till' auiiiial at tlm tiiiK^ of siilo has any iiiHruiity upon liim which 

 renders him less lit lor present serviee. It is not necessary that 

 the disorder should l)e permanent or incnf:il)le. While a horse 

 lias a eou^^h he is unsound, although it may either be temporary 

 or may ])rove mortal. The horse in (piestion havinji; been lame at 

 the time of sale, when ho was warranted to Uo sound, his condi- 

 tion subse([uently is no (lelenc(^ to the action.* 'V\w diunsioii ot 

 Mr. liaroii Tarke, already referred to, conllrms this doctrine. 



Niu'uoToMY. — A (piestion has arisen how far a horse that has 

 under«^one the operation of the division of the nerve of the le«r (seo 

 p. 8G), and has recovered from the lameness with which ho wa3 

 before alU'ctiui, and stands his work well, may bo considered to boi 

 Bound. (Jliief Justice Best held such a. horsi^ to b(^ unsound, and 

 ill our opinion there cannot be a, doubt about tln^ matter. Tho 

 operation of neurotomy does not remove tlu^ diseasi* causing' tho 

 lameness, lint only the sensation of pain. A horsti on whom this 

 operation has been performed may be improved by it — may cease 

 to be lame — may «••<) W(dl l()r many years; but there is no ccr 

 tainty of this, and he is unsound, within our defniition, unless na- 

 ture "i^ave tho iiervo lor no useful J)urpos(^ 



O.SSll'lCATlON OF TIIH LATKRAL (MKTliwVU i;S constitutes UllSOUud- 



!iess, as iiiterferinjj^ witli the natural expansion of the loot, 

 and, ill horses of ([uick work, almost universally produein;,^ 

 lameness. 



PiiMicKD-FooT. — When the union between the horny and seu- 

 sible lamiine, or little jilates of tlu^ l()ot (see p. IJOT)), is weakcMuul, 

 and the (Ujllin-bone is letdown, and presses upon the sole, and tho 

 sole yields to this unnatural wei<;ht, and becomes rounded, and is 

 brou^j^ht in contact with the ^n'ound, and is bruiscul and injured, 

 that horse must bo unsound, and unsound forever, because thero 

 arc no moans by which wo can raise tho coilin-bono a^'^aiu hito 

 its" place. 



(i,uii)i)iN(;. — If th(! mastication of the food ^ivcs pain to the ani- 

 mal, in conse(]uenco of sonnu'ss of tho mouth or throat, ln5 will 

 drop it bel()re it is i)erle(ttly chewed. This, as an indicration of 

 di.sease, constitutes unsoundness, t^uiddin^ sometimes arises from 

 irre<rularity in the teeth, whi(di wound tin; cheek with thiMr sharp 

 edjiCos ; or a j)rotrudin^ tooth riMiders it impossible for the horse 

 to (dos<; his jaws so as to (diew his food tliorou;';lily. (,iuiddin<( 

 i" unsoundness for the time ; but the unsoundness will cease when 



*■ 4 Ciu>ij)l).-ll, '.!r)l, h7/<m VH. lir<Hid<:)i. 



