92 



WHAT DISEASES CONSTITUTE UNSOUNDNESS OR VICE. 



Pimple on a 

 horse's skin. 



Question for 

 the jury. 



Sallenders. 

 Sandcrack. 



may be larger and deeper, and more destructive than in 

 poll-evil {g). It may burrow beneath the shoulder-blade, 

 and the matter may appear at the point of the shoulder or 

 the elbow ; or the bones of the withers may become carious. 

 On other parts of the back, tumours and very troublesome 

 ulcers may be produced by the same cause. These little 

 tumours resulting from the pressure of the saddle are called 

 ivarbles ; and when they ulcerate, they frequently become 

 sitfasts (h) . If the smallest warble is in such a situation as 

 to prevent the putting on of a saddle or harness, it is a 

 breach of a warranty of soundness (»). 



On this point Mr. Baron Parke expressed an opinion in 

 Kiddell v. Burnard (k), where he said, " If the disease were 

 not of a nature to impede the natural usefulness of the 

 animal for the purpose for which he is used, as, for in- 

 stance, if a horse had a slight pimple on his skin, it would 

 not amount to unsoundness ; but even if such a thing as a 

 pimple were on some part of the body where it might have 

 that effect, for instance, on a part which would prevent the 

 putting a saddle or bridle on the animal, it would be 

 different." 



It is a question for the jury whether the horse in such 

 case is fit for immediate use. Thus, where an action was 

 brought for the price of a horse warranted sound, and the 

 defendant endeavoured to show that he had a tender place 

 on his neck, which, when touched, made him plunge, it 

 being situated where the mane is usually grasped by a 

 person when mounting, and that he was therefore unsafe 

 and unfit for use while it lasted ; Mr. Justice Wightman 

 summed up and said to the jury, "I take your opinion 

 whether you are satisfied that the horse when put into the 

 defendant's stable was rendered unfit for immediate use to 

 an ordinary person on account of some disease." The 

 jury held that, when delivered, he was quite fit for present 

 use [1). 



Sallenders constitute unsoundness. See Mallenders (in). 



Sandcrack, as its name imports, is a crack or division of 

 the hoof downwards, and into which sand and dirt are very 

 apt to insinuate themselves ; or it is so called, as some say, 



(g) Poll-evil, ante, p. 88. 



(A) Lib. U. K. "The Horse," 

 169. 



(J) The same principle is applic- 

 able to Braised Shoulder. 



{k) Kiddell v. Burnard, 9 M. & 



"W. 670. 



{}) Aimley v. Brown, before Mr. 

 Justice Wightman, Newcastle Spring 

 Assizes, 1845. 



()«) See Mallenders, ante, p. 85. 



