315 



ness of his action, that injury constitutes the 

 unsoundness," and on this direction the jury found 

 for the defendant. This is, in other words, holding 

 that the existence of a cause of disease is not un- 

 soundness, though the disease when produced by 

 that cause is so. With due respect to the learned 

 judge, I cannot feel the distinction to be just. 



In Byw^ater v. Richardson, 1 Adolphus and 

 Ellis, 508, hereafter quoted, inflammation of the 

 navicular joint is held to be unsoundness, and 

 justly so. I have had one horse thus affected that 

 has recovered, and been free from lameness for 

 nearly eight months ; but I believe that perfect 

 recovery is rare. 



These are all the cases of unsoundness on which 

 1 can find that the courts have, directly or indi- 

 rectly, given an opinion. But if I am right in my 

 conception of unsoundness, that all incapacitating 

 injury or defect, having reference to the duties for 

 which the horse is avowedly purchased, amount 

 to unsoundness, I think that all the following 

 cases come under that description : — 



Lameness, whether chronic or accidental. 



Corns, whether recently extirpated or not. 



Affections of the lungs, whether asthmatic, 

 inflammatory, or otherw^ise ; and thick breathing, 

 if it produces distress. 



