ACTIONS AT LAW. 225 



Witness : Oh, no. No disease is necessarily hereditary, 

 but it is undoubtedly hereditary all the same. 



By Mr. Dale : The horse roared very badly on the i8tli 

 of April, but I do not say it must necessarily have been a 

 roarer on the 31st of March. The defect in the hock might 

 probably pass off again, but I consider any defect of that 

 kind is unsoundness. 



His Honour : Do you go so far as to say that a defect not 

 Ukely to injure the horse permanently is unsoundness ? 



Yes ; it is unsoundness while it exists. A horse may be 

 lame to-day and sound to-morrow, but I should not Hke 

 to pass it as sound if it were lame to-day, 



Mr. Bridgman : Would you be surprised to know that 

 three veterinary surgeons have seen the horse this morning, 

 and are prepared to certify that it is perfectly sound in 

 limb ? 



No ; I should not be at all surprised. I will not swear 

 the horse was necessarily unsound on the 30th of March, 

 although it was so when I saw it on the i8th of April, 

 Roaring may be temporary, but in this case I believe it 

 will be permanent. 



His Honour here said he did not wish to stop the case, 

 and at his suggestion the defendant was called before any 

 further evidence was taken on the other side. 



Mr. Stephens stated that he examined the horse on the 

 i8th of March, and had it galloped, but it was breathing too 

 quickly, and he declined to pass it on that occasion. It 

 was coughing, but there was nothing to indicate it was a 

 roarer. On the 30th of March he saw it, and again exa- 

 mined and tested it very carefully, adopting all the usual 

 methods. He adopted more than the usual precautions, 

 because of the condition of the horse on the first occasion of 

 his seeing it. He came to the conclusion that the horse 

 was perfectly sound in wind and hmb, and he would swear 

 that it was so on his second examination. There were 



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