SOUNDNESS. 427 



under which he labored, ought to he of a permanent nature, and 

 not such as may arise from a temporary injury or accident." 



On the contrary, Lord Ellenborough says : "I have always 

 held, and now hold, that a warranty of soundness is broken, if 

 the animal at the time of sale has any infirmity upon him which 

 renders him less fit for present service. It is not necessary that 

 the disorder should be permanent or incurable. While a horse 

 lias a cough he is imsound, although it may either be temporary 

 or may prove mortal. The horse in question having been lame at 

 the time of sale, when he was warranted to be sound, his condi- 

 tion subsequently is no defence to the action.* The decision of 

 Mr. Baron Parke, already referred to, confirms this doctrine. 



Neurotomy. — A question has arisen how far a horse that has 

 undergone the operation of the division of the nerve of the leg (see 

 p. 86), and has recovered from the lameness with which he was 

 before afiected, and stands his work well, may be considered to be 

 sound. Chief Justice Best held such a horse to be unsound, and 

 in our opinion there cannot be a doubt about the matter. The 

 operation of neurotomy does not remove the disease causing the 

 lameness, but only the sensation of pain. A horse on whom this 

 operation has been performed may be improved by it — may cease 

 to be lame — ^may go well for many years ; but there is no cer 

 tainty of this, and he is unsound, within our definition, unless na- 

 ture gave the nerve for no useful purpose. 



Ossification op the lateral cartilages constitutes unsound- 

 ness, as interfering with the natural expansion of the foot, 

 and, in horses of quick work, almost universally producing 

 lameness. 



PuMiCED-FOOT. — When the union between the homy and sen- 

 sible laminee, or little plates of the foot (see p. 305), is weakened, 

 and the cofiin-bone is let down, and presses upon the sole, and the 

 sole yields to this unnatural weight, and becomes rounded, and is 

 brought in contact with the ground, and is bruised and injured, 

 that horse must be unsound, and unsound forever, because there 

 are no means by which we can raise the cofiin-bone again into 

 its place. 



duiDDiNG. — If the mastication of the food gives pain to the ani- 

 mal, in consequence of soreness of the mouth or throat, he wUl 

 drop it before it is perfectly chewed. This, as an indication of 

 disease, constitutes unsoundness. Gluidding sometimes arises from 

 irregularity in the teeth, which wound the cheek with their sharp 

 edges ; or a protruding tooth renders it impossible for the horse 

 to close his jaws so as to chew his food thoroughly. Cluidding 

 v unsoundness for the time ; but the unsoundness will cease when 



* i Campbell, 251, Elton vs. Brogden. 



