ROARINa. 389 



animal's powers of breathing, and that it consequently impairs his 

 usefulness. 



Bassett v. Collins (" Campbell's Reports of Cases at Nisi Prius," 

 Vol. 2, p. 523). — " Lord Ellenborough. — 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 distinction made by 

 His Lordship, is of no importance ; for roaring or whistling is not 

 due to any bad habit ; but in all cases proceeds from a disease or 

 organic infirmity which interferes with the animal's muscular 

 powers, and frequently with his general health. 



Onslow V. Eames (" Starkie's Reports of Cases at Nisi Prius," 

 Vol. 2, p. 81). — "Lord Ellenborough. — ^If a horse be affected by 

 a malady which 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." 



Thomas v. Young ("Veterinarian," for 1877, p. 668).— In this 

 case, roaring was held to be an unsoundness, and the jury im- 

 mediately found for the plaintiff, who had, on a warrsinty of 

 soundness, bought a horse which he, subsequently, found out was 

 a roarer. 



In Vallance v. Brook (Windsor County Court, Dec, 1850), the 

 Judge, in summing up, stated that, " roaring was an unsoundness 

 in law." 



The legal aspect of grimting has given rise to much discussion. 

 The simple fact of a horse being a grunter in no way proves that 

 he is unsound ; for up to the present it has not been demonstrated 

 that grunting is necessarily caused by disease, alteration of struc- 

 ture or malformation. Although it is true that the large majority 

 of grunters are more liable to become roarers than non-grunters, a 

 grunter can no more be considered unsound on that account, than 

 an apparently perfectly healthy horse could be condemned as un- 

 sound because one of his parents was a roarer. If such an exten- 

 sion of liability to disease were allowed, to be consistent it would 

 be necessary to reject all big horses as unsound ; because they 

 are more apt to become roarers than small horses! If a grunter 

 stands the test of galloping or drawing a heavy load, he should be 

 passed. 



