DISEASES, DEFECTS, ETC. 



95 



by a splint sometimes. It entirely depends on the situation 

 of the bony tumour on the inside of the shank-bone, 

 whether a splint is to be considered an unsoundness (b). If 

 it is not in the neighbourhood of any joint, so as to interfere 

 with its action, and if it does not press upon any Hgament 

 or tendon, it can be no cause of unsoundness. And although 

 it is often very unsightly, it does not lessen the capabilities 

 and value of the animal (c) . 



In an action on the warranty of a horse " to be sound, Decision ot 

 wind and limb at this time," the breach of which was lame- ^^^ subject, 

 ness, produced by a splint, it was given in evidence that a 

 splint might or might not be the efficient cause of lameness, 

 according to its position, its size and extent ; that the splint 

 in this instance was in a very bad situation, as it pressed 

 upon one of the sinews of the leg and was calculated to pro- 

 duce, when the horse was worked, inflammation of the 

 sinew and consequent lameness. 



Lord Chief Justice Tindal said, " It now appears that some 

 splints cause lameness and others do not, and that the con- 

 sequences of a splint cannot be apparent at the time, Hke 

 those of the loss of an eye or any other blemish or defect 

 visible to a common observer. We therefore think that by 

 the terms of this written warranty, the parties meant that 

 this was not, at that time, a splint which would be the 

 cause of future lameness, and that the jury have found that 

 it was. We therefore think that the ivarranty was 

 broken" (d). 



The back sinews are enclosed in a sheath of dense cellular 

 substance, to confine them in their situation and to defend 

 them from injury. Between the tendon and the sheath 

 there is a mucous fluid to prevent friction ; but when the 

 horse has been overworked, or put to sudden and violent 

 exertion, the tendon presses upon the delicate membrane 

 lining the sheath, inflammation is produced, and a different 

 fluid is thrown out, which coagulates, and adhesions are 

 formed between the tendon and the sheath, and the motion 

 of the limb is more difficult and painful. At other times, 

 from violent or long-continued exertion, some of the fibres 



Sprain and 

 thickening of 

 the back 



(J) See ipp. to Lib. XJ. K. Ed. 

 1862, 524, where Professor, Spooner 

 gives it as his opinion that situation 

 has less to do with the lameness 

 occasioned by splint than the charac- 

 Der of the splint. He considers that 

 the test of its being an unsoundness 

 or not is, whether there is tenderness 



or not on its being pressed. 



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

 365. 



[d) Margetson v. Wright, 1 M. & 

 Sc. 622. See also Smith v. O'Brien, 

 U L. T., N". S. 346 ; and post, pp. 

 131, 132. 



