DISEASES, DEFECTS, ETC. 83 



just possible that if some general decay of the system or 

 such like, developing itself after sale, could be proved to be 

 hereditary, the purchaser might have his action ; and the 

 following case appears somewhat in point : — The plaintiff 

 bought a hundred sheep warranted sound; about two 

 months after sale fifty of them died of the goggles, which 

 was stated by farmers and others conversant with sheep to 

 arise from " breeding in and in from relations ; " and that 

 sheep so disordered will thrive and seem to be in sound 

 health until they be about two or three years old ; that 

 there were no means of discovering by the appearance or 

 otherwise when sheep are affected ; that it is generally 

 fatal, and no cure or prevention known for it, and that it 

 was reputed among farmers an unsoundness. Chief Justice 

 Abbott left it to the jury to say, " whether, at the time of 

 the sale, the sheep had existing in their blood or constitu- 

 tion the disease of which they afterwards died, or whether 

 it had arisen from any subsequent cause." And on this 

 direction a verdict was found for the plaintiflF (c) . 



Kicking, either in the stable or in harness, is a bad and Kicking, 

 dangerous habit, and therefore a vice. Some horses, 

 particularly mares, from fidgetiness and irritability, get 

 a habit of kicking at the stall ; and this taking place 

 generally at night disturbs the other horses, and produces 

 swelled hocks or some more serious injury. It shows mce 

 in the temper of the animal (/), and it is very seldom that 

 a confirmed kicker can be cured {g). 



A kidnerj-dropper will appear quite well at starting, but Kidney- 

 after travelling a short distance he will come to a dead dropping, 

 standstill, and, if not supported, will drop down on the 

 spot. A kidney-dropper is worthless and unsound. 



Lameness, whether temporary or permanent, is an un- Lameness. 

 soundness; because however temporary it may be or how- 

 ever obscure, it lessens the utility of the horse and renders 

 him unsound for the time. How far his soundness may be 

 afterwards affected must depend on the circumstances of 

 the case Qi). 



The law as laid down in Coates v. Stephens (i) and Temporary 



Kiddle v. Burnard (k), with regard to temporary diseases, lameness an 

 ^ ' ° i. .1 unsoundness. 



f«) JoUff^!. Bendell. E. & M. 136. 364. 



(/) Lib. U. K. "The Horse," (i) Coates y.Stephens,'2U.Sc'Sio\>. 



336. 137, OTerruling Solden t. JBrogden, 2 



\g) SchohjieU t. Mohh, 2 M. & M. & Eob. 113. 



Eob. 210. ■ ■ (A) Kiddell T. Burnard, 8 M. & 



(A) Lib. TJ. K. " The Horse," "W. 670. 



G 2 



