ON SOUNDNESS. 465 



Crib-biting was decided, in the cases of Broennenlntry v. Hay- 

 cock and Scolefield v Hubb, not to be unsoundness; but BaroD 

 Parker ruled in the latter that it came within the meaning of the 

 word " vice." Undoubtedly this is a habit which is generally at- 

 tended by impaired digestion, and, as such, it comes strictly within 

 the definition given above ; but the law is as I have stated it. 



Curby hocks, though experience may tell us they are likely to 

 be attended by curbs, are decided not to be unsoundness. In 

 Brown v. Elkington, the attention of the vendor was directed to 

 the hocks by the purchaser before the sale, as likely to spring curbs ; 

 but in the action on the warranty it was held by Lord Abinger that 

 " a defect in the formation of the horse, which had not occasioned 

 lameness at the time of sale, though it might render the animal 

 more liable to be lame at some future time, was no breach of war- 

 ranty;" and the Court of Exchequer confirmed this view of the 

 law, by refusing a rule for a new trial. 



Cutting, on the same principle, is no breach of warranty, unless 

 the hoise is lame from it at the time of sale. 



A splint is not, in itself, evidence of unsoundness ; but if it is 

 so situated as necessarily to interfere with the suspensory ligament 

 or tendons, or if it has already produced lameness, it is to be 

 accepted as a mark of unsoundness. 



Thoroughpin, when existing to a moderate extent, is not suf- 

 ficient to render the horse unsound ; but this will always be a ques- 

 tion of opinion, and a horse with thoroughpin is, therefore, not to 

 be warranted with safety. 



Thrush, occurring from mismanagement only, and not from any 

 defect in the horse, is clearly not to be considered as unsoundness. 



Soreness of the joints from work, as it soon goes off after a 

 short rest, is not accepted as unsoundness. 



Windgalls are also only evidences of work, and do not usually 

 cause lameness. When this coexists, it is sufficient to produce 

 unsoundness, without resorting to the windgalls. 



The following list comprises the diseases and injuries which 

 have been settled as sufficient to entitle the purchaser to return a 

 horse warranted sound : — 



Bog spavin, when it is so severe as clearly to interfere with the 

 action of the joint; and blood spavin, as marking an aggravated 

 form of the same disease. 



Breaking down, even though the horse is restored so as to run 

 without lameness. 



Broken wind. 



Cataract, in any degree. 



Corns, unless very trifling ; but they should be discovered within 

 a few days of the sale, or it may be alleged that they have been 

 produced by subsequent mismanagement. 



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