ACTIONS AT LAW. 239 



In cross-examination by Mr. Philbrick, he said he had 

 known the horse for three years ; did not know it was a 

 wind-sucker until that morning, when Mr. Fleming and the 

 jury examined it. He still considered it was sound, but 

 should have stated it was a wind-sucker on his certificate 

 had he known it. The certificate of the previous March was 

 his ; he did not detect any unsoundness. The defendant re- 

 quested him to examine the horse again, as it was for sale ; 

 he did not say there was a trial pending. He knew nothing 

 of this trial at the time, or would not have given the 

 certificate. In reply to his lordship, he said he bought 

 the horse for a client, about three years ago, of Mr. Smith, 

 of Pimlico, and gave, he thought, ninety guineas for it. His 

 client kept it some time. He then bought it himself, used 

 it in his practice for about a month. He gave £60 or £65 

 for it, but could not exactly say ; he sold it to a client for 

 one hundred and twenty guineas. This client kept the 

 horse some time — he thought about twelve months. He 

 went to Australia, sent the horse into Tattersalls' for sale, 

 with a reserve of a hundred guineas ; it was not sold the 

 first time ; but when put up for sale again, without reserve, 

 sold for thirty-eight guineas. Defendant was the pur- 

 chaser. Never heard the horse was a wind-sucker whilst 

 in his possession or since. Considered wind-sucking a 

 vice, like crib-biting ; not an unsoundness. He knew Pro- 

 fessor Williams' work, and agreed that the description was 

 right, but it was a bad or extreme case ; he had heard his 

 lordship read Baron Parkes' definition of unsoundness, and 

 admitted wind-sucking did occasion indigestion and colic. 

 He also admitted that wind-sucking was incurable. He 

 did not, in this case, consider it an unsoundness. He had 

 heard the evidence of Mr. Fleming and Mr. Ward, and did 

 not agree with them that the horse was unsound. 



Mr. George Augustus Hall, M.R.C.V.S., said he 

 examined the horse in question for the present owner, 



