694 



CHAPTER XXX, 



Soundness. 



differences of opinion as to soundness definition of unsouni> 



nbss practical soundness modifying circumstances duties 



of veterinary surgeons when examining horses certificates 



—price special warranty -vices and blemishes absolute 



unsoundnesses -defects wpiich are not necessarily unsound- 

 ness hereditary unsoundness. 



Differences of Opinion as to Soundness. 



The want of unanimity of opinion, even among members of the 

 veterinary profession, as to what constitutes and what vitiates 

 soundness, has always been a fertile cause of dispute in horse cases. 

 Some practitioners refuse to give a certificate of soundness, unless 

 the animal is absolutely free from any physical ailment; and con- 

 sequently they rarely, if ever, find a horse that comes up to their 

 ideal standard of perfection; while others "pass" horses which 

 are fairly useful, but which possess some defect or other that 

 has been decided in court over and over again to be a breach 

 of warranty of soundness. When an owner submits a horse for 

 examination, he has a right to expect that the veterinary surgeon, 

 when giving his opinion, will be guided by the principles which 

 are recognised by legal tribunals; for it would be intolerable 

 that any private individual should attempt to constitute himself 

 a legislator on a subject of such widespread importance as this is. 

 However much we may desire to eliminate causes of dispute as 

 to soundness, we can do so only in the matter of laying down 

 principles; for the existence of defects, and their influence on the 

 usefulness of an animal, are questions which cannot fail at times 

 to give rise to diversity of opinion. The fact that it is impossible 

 to define unsoundness or soundness so accurately as to exclude all 

 chance of cavil, is of but little practical importance, so long as 

 we can obtain a good " working " definition which shall meet our 



