iiii.stakfu 

 for vice. 



02 HOKSr, WAUIMNTY. 



obtaining redress, not Lccauso the horse lias not 

 kicked or ran away, or done soniotliing dearly 

 eliowing tlial on tlio occasion on which tlio breach 

 of wan*anty is alleged he did not behave pro- 

 perly, but because the buyer has not used those 

 proper precautions which every person should uso 

 iiinii spirit when first trying a new horse. In one case which 

 hoiupfinio came to the writer's knowledge, the horse, a young 

 one, was bought in August and not used for two 

 months ; it then was put in a dog-cart, and kicked, 

 and upon action brought for breach of waiTanty 

 the jury said, and rightly, that if a man lets a 

 horse, especially a yc)ung one, run for two months, 

 he should use great caution in putting it into 

 harness, and that plaintill" did not use such 

 caution, So it may hapi)cn that a saddle does 

 not fit a horse, or a l^ridlc be too short in the 

 cheek-piece, or the harness may be too small and 

 pinch, and in such cases a horse becomes restivo 

 for awhile, which would not have happened with 

 its old saddle or in the hands of those to whom 

 it was accustomed {/>). Another example may bo 

 given, in whicli a horse was sold "(piiet to rido 

 and drive by a lady," and as a fact the animal 

 was as quiet as jiossibly a horse could be. It was 

 of a sluggish nature and slow. Soon after the 

 horse was bought, some young gentlemen, sons of 

 the buyer, put it into a dog-coi-t to drive a short 



{p) Buckinghain v. Reeve, N. P. Exch. 1, 18. 



