ACTIONS AT LAW. 237 



His lordship then desired Mr. Fleming to accompany the 

 jury to view the horse and explain the result of his examina- 

 tion to them, on behalf of the plaintiff ; and Mr. Bignold 

 was deputed by Mr. Russell to be present on behalf of the 

 defendant. This concluded the case for the plaintiff. 



Mr. Russell, in defence, pleaded the serious consequences 

 of the result of this trial to the defendant, whom he repre- 

 sented as a man of long experience as a dealer in horses, 

 and who had been at one time employed as agent for the 

 purchase of Government horses. He said he would call 

 two members of the College, who would prove that the 

 animal was sound when sold, was sound now, and he 

 would produce the horse outside the court for the jury's 

 inspection. 



Mr. Rea, in examination by Mr. Russell, stated he had 

 been in trade as a dealer many years. He did not warrant 

 the horse ; he knew it was a wind-sucker, but did not 

 consider that an unsoundness — only a vice or bad habit ; 

 did not tell the plaintiff it was a wind-sucker. In reply 

 to his lordship, and in his cross-examination, he said he 

 bought the horse at Tattersalls', on February 4th. Mr. 

 Bignold advised him to buy it, as it was such a nice horse. 

 Mr. Bignold had known it for some time. He gave thirty- 

 eight guineas for it ; in the yard Mr. Bignold gave him 

 the certificate produced in court. He paid Mr. Bignold 

 half a guinea for it. He did not know at the time it was 

 a wind-sucker, but found it out soon after. He left the 

 plaintiff to find it out, as he had done ; he told plaintiff 

 the horse was " workably sound." His lordship here 

 remarked that a horse, to be sound, must be workable — 

 did the defendant understand that ? Defendant said he 

 considered a wind-sucker workably sound. His lordship 

 then read the definition of the term " unsoundness," 

 according to the late learned judge. Baron Parkes. H at 

 the time of sale the horse has any disease which either 



