301 



disease or infirmity to amount to unsoundness ; 

 and then I will give a short summary of all the 

 complaints, which as the law stands, would fall 

 within the term. 



It would seem extraordinary that so few cases 

 are to be found in the books, that contain decisions 

 upon the question of soundness, as respects any 

 specific disease. When however, the principle 

 already quoted is remembered, that soundness is 

 for the jury to determine, it is obvious that special 

 disease can rarely fall under the consideration of 

 the court, except collaterally ; hence, after a close 

 examination of the reports, I find that the following 

 disorders are the only ones on which any distinct 

 opinion has been expressed by our judges : — roar- 

 ing, temporary lameness, coughs, splents, nerving, 

 ophthalmia, crib-biting, and hereditary disease. 



Chest-founder has been assumed to be unsound- 

 ness, and also a swollen leg proceeding from a kick, 



but not formally so decided in any recorded cases. 

 Roaring was held to constitute unsoundness, in 



the case of Onslow v, Eames, 2 Starkie, 81. 



"Roaring constitutes unsoundness in a horse." 



Lord Ellenborough : " If a horse be affected by 

 ; any malady which renders him less serviceable 



for a permanency, I have no doubt that it is an 



unsoundness." 



