224 ACTIONS AT LAW. 



His Honour pointed out that roaring did not necessarily 

 prove unsoundness. It had been well laid down by Lord 

 Ellenborough that if roaring were the cause of such disease, 

 the existence of which would practically diminish the useful- 

 ness of the horse, then that roaring caused unsoundness. 

 But unless that could be proved roaring was not unsound- 

 ness. In the case of Basset and Collins, decided in 1810, 

 Lord Ellenborough said : " It has been held that roaring is 

 not necessarily unsoundness, and I entirely concur in that 

 opinion. To prove a breach of warranty the plaintiff must 

 show not only the existence of roaring, but that the roaring 

 is symptomatic of disease." 



Mr. Thomas Olver, veterinary surgeon, was then called. 

 He said that he saw the horse on the i8th of April. He 

 found that he had a peculiarly stiff action in moving his 

 hocks. He made a threat to strike him with his stick, when 

 the horse grunted, and he at once came to the conclusion 

 that he was a roarer. He then had him out in the 

 field and galloped him, and this confirmed him in his 

 opinion. 



By His Honour : I cannot tell how long the disease had 

 existed that caused the roaring. Roaring is not neces- 

 sarily a thickening of the top of the wind-pipe. There are 

 various causes that produce it. 



His Honour : Are you of opinion that roaring is trans- 

 mitted from sire or dam to colt or filly ? 



Mr. Olver : I have not the slightest doubt about it. I 

 can prove it. 



His Honour : There are people who have doubts. 



Mr. Olver : I believe very few educated men in our pro- 

 fession have the slightest doubt about it. 



His Honour : Are all Prince Charlie's colts roarers ? 



Mr. Olver : No, not all of them, but many of them are. 



His Honour : Then you do not say it is necessarily here- 

 ditary ? 



