DISEASES, DEi'ECTS, ETC. 



91 



EUenborough said, " If a horse be affected by any malady 

 whicb. renders him less serviceable for a permanency, I 

 have no doubt that it is an unsoundness. I do not go by 

 the noise, but by the disorder " (c). 



And in a previous case, where an action had been 

 brought on the warranty of a horse, which had turned 

 out a roarer, Lord EUenborough said, " It has been held 

 by very high authority (Sir James Mansfield, C.J.), that 

 roaring is not necessarily unsoundness, and I entirely concur 

 in that opinion. If the horse emits a loud noise, which is 

 offensive to the ear, merely from a bad habit which he has 

 contracted, or from any cause which does not interfere with 

 his general health or muscular powers, he is still to be 

 considered a sound horse. On the other hand, if the 

 roaring proceeds from any disease or organic infirmity, 

 which renders him incapable of performing the usual 

 functions of a horse, then it does constitute unsoundness. 

 The plaintiff has not done enough in showing that this 

 horse was a roarer. To prove a breach of the warranty, he 

 must go on to show that the roaring was symptomatic of 

 disease." The defendant had a verdict {d). 



Rolling is a pleasant and safe amusement for a horse at 

 grass, but cannot be indulged in the stable without the 

 chance of his being dangerously entangled with the collar 

 and being cast. Yet, although the horse is cast, and 

 bruised, and half-strangled, he will roll again on the fol- 

 lowing night, and continue so to do as long as he lives (e). 

 Now this is a bad habit, and a horse may have his health 

 and usefulness impaired by being often cast, or half- 

 strangled and lamed ; it must render a horse less valuable, 

 and when inveterate may perhaps be considered a vice. 



Some headstrong horses will occasionally endeavour to 

 bolt with the best rider. Others, with their wonted saga- 

 city, endeavour thus to dislodge the timid or unskilful. 

 Some are hard to hold, or bolt only during the excitement 

 of the chase ; others wiU run away, prompted by a vicious 

 propensity, alone. There is no cure here ; and being a bad 

 and dangerous habit, it is a vice (/). 



When the saddle has been suffered to press long upon 

 the withers, a tumour will sometimes be formed, hot and 

 exceedingly tender. In neglected fistulous withers the ulcer 



(c) Onslow V. Emnes, 2 

 jVr. P. C. 81; 19 E. E. 680. 



(d) Bassett v. Oollis, 2 

 522; 11 E. E. 786. 



Stark. («) Lib. U. K. "The Horse," 



342. 

 Camp. (/) Lib. V. K. "The Horse," 



337. 



Eolling. 



Eunuing 

 away. 



Saddle-galls. 



