303 



-anty, he must go on to show that the roaring was 

 symptomatic of disease." 



If it be true, as is commonly reported, that the 

 celebrated Eclipse was a roarer, the complaint 

 Dught not to be viewed as necessarily amounting 

 to unsoundness, unless the proximate cause of it is 

 proved to be organic disease. 



Temporary lameness would appear, upon every 

 principle of common sense, to be unquestionable 

 unsoundness; and so, I apprehend, it may be con- 

 sidered as now decided. Yet there are contradic- 

 tory decisions upon this point ; and as in both 

 cases the j udgment of the court lays down a very 

 important principle, applicable to all questions of 

 soundness, I shall extract them fully. 



The first in date is to be found in 2 Espin. Rep. 

 673, Garment v. Barrs -, where it is held, " a war- 

 ranty that a horse is sound, is not false because the 

 horse labours under a temporary injury from an 

 accident at the time the defendant warranted the 

 horse to be sound." The plaintiff observed that 

 she went rather lame on one leg; the defendant 

 replied, that it had been occasioned by her taking 

 up a nail at the farrier's, and except as to that 

 ;lameness, she was perfectly sound. 



Chief Justice Eyre: '' A horse labouring under a 

 temporary injury or hurt, which is capable of being 



