OV rrRCIIASR AND SALK, KTC. 93 



clistanco on a fisliing excursion. 1 laving forgotten 

 their wliip, and tlio animal not going up hill quite 

 as fast as they liked, one of the party struck tho 

 horse on tho buttocks witli the fishing-rod ; tho 

 horse kicked, and, in doing so, got its leg over tho 

 shaft, and an accident occurred. Both buyer and 

 seller in tliis case were friends, and tlie matter was 

 referred to a neighbour to decide the case, and he 

 ruled that a whip and not a fishing-rod is the 

 proper instrument to strike a horse with; that 

 the proper place to whip a horse is the flank or 

 shoulder, and that nothing would be more likely 

 to make a sluggish horse kick than pressing him 

 up hill with blows of the nature above indicated ; 

 the buyer accordingly kept the horse, which he 

 drove in a brougham for many years afterwards, 

 and had only one fault to find, whidi was that tho 

 animal was too slow and quiet. 



In considering the subject of soundness or un- Temporary- 

 soundness in horses, it should be taken as settled uess, 

 law that any unsoundness is a breach of warranty, ^v.nTaiity. 

 whether such unsoundness can be cured or other- 

 wise. Should a horse recover, even before action 

 brought, it is no defence to an action on a breach 

 of warranty. In Elton v. Brofjdcn (7), Lord Ellen- 

 borough long since laid down that "a waiTanty 

 of soundness is broken if the animal at the time of 



{q) 4 Camp. 281. 



