311 



operation of nerving was invented by him, and 

 great credit is due to him for the discovery: this 

 very case proves the value of it, when it shows 

 that a nerved horse is restored to such a use of his 

 powers, as to render it even doubtful if he may not 

 be 'varranted sound. 



I can find no case in the law books, upon the 



subject of ophthalmia ; but in the case of Earl v. 



Patterson, tried at Guildhall, before Chief Justice 



Tindal, in 1830, it appeared that the horse was 



subject to ophthalmia, and no doubt was expressed 



as to this amounting to unsoundness : the only 



question at issue being, whether the disease existed 



at the time of sale, or had been brought on by the 



mismanagement of the plaintiff's servant. 



I The vice of crib-biting was fully discussed in 



Broennenburg v. Haycock, Holt, N. P. C. 630. 



Mr. Justice Burroughs, before whom the cause 



was tried, said that he considered it a mixed case of 



law and fact. " It is," says his lordship, '^ a mere 



accident, arising from bad management in the 



training of the horse; and it is no more connected 



with unsoundness than starting or shying." 



I can find no other authority upon the point; 

 and as I do not know what veterinary evidence 

 was given on the trial, I cannot guess whether his 

 lordship is wrong as a lawyer, or as a farrier. I 



