566 DEFECT IN STRUCTURE OF HORSE. 



nature to impede the natural usefulness of the animal for the purpose 

 for which he is used — as, for instance, if a horse had a slight pimple on 

 his skin, it would not amount to an unsoundness ; but even if such 

 a thing as a pimple were on some part of the body where it might have 

 that etieet, as, for instance, on a part which would prevent the putting 

 a saddle or bridle on the animal, it would be different. An argument 

 has, however, been adduced from the slightness of the disease and the 

 facility of the cure ; but if we once let in considerations of that kind, 

 where are we to draw the line ? A horse may have a cold which may 

 be cured in a day, or a fever which may be cured in a week or month, 

 and it would be difficult to say where to stop. Of course, if the disease 

 be slight the unsoundness is proportionably so, and so also ought to be 

 the damages ; but in the question of law I think that the direction of 

 the judge in this case w'as perfectly correct, and that this verdict ought 

 not to be disturbed. Were this matter presented to us now for the 

 first time, we might deem it proper to grant a rule ; but the matter 

 has been, we think, settled by previous cases, and the opinion which 

 we now express is the result of deliberate consideration." Alder son B. 

 said, " I am of the same opinion. The word * sound ' means sound, 

 and the only qualification of which it is susceptible arises from the 

 purpose for which the warranty is given. If, for instance, a horse is 

 purchased to be used in a given way, the word ' sound' means that 

 the animal is useful for that purpose, and ' unsound ' means that he at 

 the time is affected with something which will have the effect of 

 impending that use. If the disease be one easily cured, that will 

 only go in mitigation of damages. It is, however, right to make 

 to the defence of unsoundness the addition my Brother Parlce has 

 made, namely, that the disqualification may arise either from disease 

 or accident ; and the doctrine laid down by him on this subject, both 

 to-day and in the case of Coatcs v. Sinvois, is not new law, and is 

 found to be recognized by Lord EUcnlwroiujh and other judges in 

 a series of cases." 



According to Hohjday v. Morgan, any dpfect in the structure of a Jwrse, 

 ivhdher congenital or arising from suhsequent disease or accideiit, that 

 diminishes his natural usefulness and renders him less than reasonably 

 fit for present use, is unsoundness ; and convexity in the formation of 

 the cornea of the eye of a horse, making him shortsighted, and so 

 inducing a habit of shying, is such a defect. At the trial in the Lord 

 Mayor's Court of London, before the Common Serjeant, it appeared 

 that the defendant sold the horse to the plaintiff with an express war- 

 ranty of soundness. It was found to shy going through the streets, 

 and a veterinary surgeon gave evidence that it had an unusual convexity 



