36 SOUNDNESS IN HOESES. 



to perform its work, or else there must be some disease. 

 But neither of these facts had been shown. If, however, 

 the jury thought that at the time of the warranty the 

 horse had contracted the habit of crib-biting, he thought 

 that was a *vice,' and that the plaintiff would be entitled 

 to a verdict on the third plea. The habit complained 

 might not, indeed, like some others (for instance, that of 

 kicking), show vice in the temper of the animal ; but 

 it was proved to be a habit decidedly injurious to its 

 health, and tending to impair its usefulness, and came, 

 therefore, in his Lordship's opinion, within the meaning 

 of the term, *vice,* as used on such occasions as the 

 present." I may mention that this is the accepted 

 ruling on "vice." 



In the case of Broennenburgli v. Haycoch * (West- 

 minster, 1817), it was, also, ruled that crib-biting was not 

 unsoundness. 



Crib-biting may give rise to disease (indigestion, for 

 instance), and to excessive wear of the teeth, which, in 

 either case, might be regarded as unsoundness. Looked 

 upon from a practical, though not from a legal point of 

 view, it ought, in all instances, be deemed unsoundness ; 

 as it diminishes the usefulness of the animal, with whom 

 special precautions have to be observed, both to prevent 

 him practising this habit, and teaching it to other horses, 

 who, according to my experience, readily learn it by 

 * Holt's Reports of Cases in Nisi Prius, vol. 1, p. 630. 



