426 SOUNDNESS. 



transparent part of the eye generally — a minute, faint, dusky ej»o1 

 deep in the eye, and generally with little radiations of white lines 

 proceeding from it. If these symptoms, or the majority of them, 

 existed at the time of purchase, the animal had assuredly been 

 diseased before, and was unsound Starting has been considered 

 as unequivocal proof It is usually an indication of defective 

 sight, but it is occasi_pnally a trick. Connected, however, with 

 he appearances just described, it is a very strong corroborative 

 proof.* 



Lameness, from whatever cause arising, is unsoundness. How- 

 ever temporary it may be, or however obscure, there must be dis- 

 ease which lessens the utility of the horse, and renders him un- 

 sound for the time. So says common sense, but there are contra- 

 dictory decisions on the case. " A horse laboring under a tempo- 

 rary injury or hurt, which is capable of being speedily cured or 

 removed, is not, according to Chief Justice Eyre, an unsound 

 horse ; and where a warranty is made that such a horse is sound, 

 it is made without any view to such an injury ; nor is a horse so 

 circumstanced within the meaning of the warranty. To vitiate 

 the warranty, the injury the horse had sustained, or the malady 



* Note by Mr.Spooner. — All internal diseases of the eye, or the remains 

 of such diseases, constitute unsoundness ; and even although no mischief can 

 be discovered at the time of sale, yet, if inflammation can be proved to have 

 existed previously, and such inflammation subsequently recurs, the horse is 

 returnable. As, however, it is extremely difficult to obtain such proof, the 

 most particular care should be taken with regard to an examination of the 

 eyes. Distinction, however, must be made between those streaks or opaque 

 spots often seen on the cornea alone, andwithouttheaxisofvision, and which 

 invariably arises from blows or other external injuries, and which, although 

 amountmg to a blemish, does not constitute unsoundness. There are also 

 occasional specks deeper in the eye, about the size of a pin's head, evidently 

 on the surface of the crystalline lens, and not in its body. These false cata- 

 racts, as they may be called in contradistinction to true cataraicts, are very 

 frequently absorbed, and do not increase or injure vision. When, there- 

 fore, the examiner can satify himself that such is the nature of the specks in 

 question, he will be justified, whilst pointing out their existence, in deciding 

 in favor of soundness of the animal. 



We cannot by any means agree with the doctrine implied in the text, that 

 a blind horse is not returnable. If the horSe is warranted sound, and proves 

 to be blind, the warranty is broken, and the horse is returnable. Many 

 purchasers of horses know no more about a horse than a horse does about 

 them, and cannot be supposed to be capable of discovering the animal's 

 defects, and they have a right to consider the warranty as their protectioa 

 The writer himself remembers, many years since, riding a horse twenty 

 miles on a turnpike road, without knowing that the animal was blind. It 

 was a case of amaurosis ; the eye was clear and apparently free from dis- 

 ease, the animal went safe, straight and well, and he could scarcely believe 

 it, the next morning, when he found that the animal was stone blind. 



If, however, the horse is bought without a warranty, the defect being- a)> 

 oarent, the horse is then not returnable on the ground of fraud. 



