THE HOKSE. 73 



of tlie eye prior to the purchase. Next to direct evidence of this are 

 appearances about the eye, of which the veterinary surgeon at least ought 

 not to be ignorant. They consist chiefly of a puckering of the lids 

 toward the inner corner of one or both eyes — a diflference in the size of 

 the eyes, although perhaps only a slight one, and not discovered except 

 it be looked for — a gloominess of the eye — a dullness of the iris — a lit- 

 tle dullness of the transparent part of the eye generally — a minute, 

 faint, dusky spot deep in the eye, and generally with little radiations of 

 white lines proceeding from it. If these symptoms, or the majority of 

 them, existed at the time of purchase, the animal had assuredly been 

 diseased before, and was unsound. Starting has been considered as un- 

 equivocal proof. It is usually an indication of defective sight, but it is 

 occasionally a trick. Connected, however, with the appearances just 

 described, it is a very strong corroborative proof. 



Lameness, from whatever cause arising, is unsoundness. However tem- 

 porary it may be, or however obscure, there must be disease which les- 

 sens the utility of the horse, and renders him unsound for the time. So 

 says common sense, but there are contradictory decisions on the case. 

 "A horse laboring under a temporary injury or hurt, which is capable 

 of being speedily cured or removed, is not, according to Chief Justice 

 Eyre, an unsound horse ; and where a warranty is made that such a 

 horse is sound, it is made without any view to such an injury; nor is a 

 horse so circumstanced within the meaning of the warranty. To vitiate 

 the warranty, the injury the horse had sustained, or the malady under 

 which he labored, ought to be of a permanent nature, and not such as 

 may arise from a temporai-y injury or accident." 



On the contrary, Lord Ellenborough says: "I have always held, and 

 now hold, that a warranty of soundness is broken, if the animal at the 

 time of sale has any infirmity upon him wdiich renders him less fit for 

 present service. It is not necessary that the disorder should be perma- 

 nent or incurable. AVhile a horse has a cough he is unsound, although 

 it may either be temporary or may prove mortal. The horse in ques- 

 tion having been lame at the time of sale, when he was warranted to 

 be sound, his condition subsequently is no defense to the action.* The 

 decision of Mr. Baron Parke, already referred to, confirms this doc- 

 trine. 



Neurotomy. — A question has arisen how far a horse that has under- 

 gone the operation of the division of the nerve of the leg and has re- 

 covered from the lameness with which he was before aflfected, and 

 stands his work well, may be considered to be sound. Chief Justice 

 Best held such a horse to be unsound, and in our opinion there cannot 

 be a doubt about the matter. The operation of neurotomy docs not 

 remove the disease causing the lameness, but only the sensation of pain. 

 A horse on whom this operation has been performed may be improved 

 by it — may cease to be lame — may go well for many years; but there 

 is no certainty of this, and he is unsound, within our definition, unless 

 nature gave the nerve for no useful purpose. 



Ossification of the Lateral CarllKlges constitutes unsoundness, as inter- 



* 4: CAiiPBELL. 251, Eltoci vs. Brogden, 



