ON THE CERTIFICATES OF VETERINARY SURGEONS. 143 
consideration.’ That is the rule I have always adopted and acted 
on in cases of unsoundness, although in so doing I differ from the 
contrary doctrine laid down by my brother Coleridge, in the case 
of Bolden v. Brogden, which has been referred to. I think the 
word ‘sound’ means what it expresses, namely, that the animal 
is sound and free from disease at the time he is warranted to 
be sound. If, indeed, the disease were not of a nature to im- 
pede the natural usefulness of the animal for the purpose for 
which he is used, as, for instance, if a horse had a slight pimple 
on his skin, it would not amount to an unsoundness ; but even if 
such a thing as a pimple were on some part of the body where 
it might have that effect, as, for instance, on a part which would 
prevent the putting a saddle or bridle on the animal, it would be 
different. 
“An argument has, however, been adduced from the slightness of 
the disease and facility of cure ; but if we once let in considera- 
tions of that kind, where are we to draw the line I A horse may 
have a cold, which may be cured in a day ; or a fever, which may 
be cured in a week or month, and it would be difficult to say 
where to stop. Of course, if the disease be slight, the unsound- 
ness is proportionably so, and so also ought to be the damages ; 
and if they were very inconsiderable, the Judge might still certify 
under the statute of Elizabeth, to deprive the plaintiff of his costs. 
But, on the question of law, I think the direction of the Judge in 
this case was perfectly correct, and that this verdict ought not to be 
disturbed. Were this matter presented to us now for the first time, 
we might deem it proper to grant a rule ; but the matter has been, 
we think, settled by previous cases, and the opinion which we now 
express is the result of deliberate consideration.” 
The veterinary surgeon, therefore, in examining a horse as to 
soundness, should keep clearly in his mind that he is looking for 
disease or mischievous alteration of structure. The disease may 
be obvious, and, of course, constitutes unsoundness : the alteration 
of structure may be indisputable ; but where no present lameness 
or mischief appears, the fullest opportunity for veterinary skill 
occurs in judging whether a mischievous progress be likely, and 
then arises the liability to differences of opinion among persons of 
even the greatest possible skill. It should be remembered, too, 
that the veterinarian has in the course of his business two totally 
distinct offices imposed on him. If the simple question be, as in 
a dispute after purchase, sound or unsound, he has merely to keep 
clearly in view the rule, and answer that question only. On the 
other hand, if he be called to advise on an intended purchase, a 
strict application of the rule would generally stop the purchase, 
perhaps always in the only really useful horses, i. e. aged ones. 
