V ETERI NARY JURISPRUDENCE. 
m 
found unsound, with a diseased hock*. He had lately seen a 
horse at Mr. Brown’s stables, which be believed to be the same 
animal. Witness had seen Mr. Elkington relative to a horse 
which he (Mr. E.) had sold to Mr. Brown some time during the 
last autumn; Mr. Thillipson’s name was mentioned in the course 
of the interview. Mr. Elkington told witness that the horse was 
the same which had been returned to him from Mr. Thillipson two 
years before. 
Mr. William Packwood, another veterinary surgeon, living at 
Coventry, recollected that two years ago he had a conversation 
with Mr. Elkington, who asked him whether a horse was return- 
able for having curby hocks? Witness said he was. Mr. Elking- 
ton then said, “ I have sold my brown horse to a gentleman at 
Rugby, and Mr. Snewing has given the gentleman a certificate 
of his being unsound in the hocks.” Witness said, “ That being 
the case, for God’s sake send the gentleman his money back, and 
take the horse again.” 
George Daniels, who was in the service of Mr. Thillipson at 
the time alluded to, stated that he took the horse, by direction of 
his master, to the Black Dog, Stretton-upon-Dunsmore, and told 
Mr. Elkington the horse was returned on account of his curby 
hocks. The horse shewn to witness at Mr. Brown’s stables was 
the same animal. 
David Cooke, groom at Bindley’s Repository, Birmingham, 
proved that a brown horse sent to that establishment by Mr. 
Brown, was sold on the 4th of February last for £19. 
Two letters, written by the plaintiff’s solicitor to the defend- 
ant, were read, one of which gave the latter person notice of Mr. 
Brown’s intention to sell the horse at Bindley’s Repository. 
Mr. Snewing, being recalled by the Judge, in answer to ques- 
tions from his Lordship, stated that a “ curby hock” “is a phrase 
made use of by sportsmen, horse-dealers, and others, as indicat- 
ing a peculiar conformation in the structure of the hock, which 
renders the horse liable or predisposed to throw out, or spring, a 
curb ; which liability or predisposition is not, in my opinion, 
an unsoundness.” A curb is unsoundness. After a curb is re- 
moved the horse is not unsound ; but during the time the swell- 
ing on the hock remains, the horse is unsound. 
Mr. Hill addressed the jury, and contended that the testimony 
of Mr. Snewing satisfactorily established the soundness of the 
animal at the time of purchase, an opinion in which his Lordship 
* The disease to which reference was here made consisted of a bony en- 
largement on the outer part of the hock, seated at the junction of the cuboid 
with the lower cuneiform bone, and which I afterwards ascertained was the 
result of a blow, — an injury. — C. S. 
