418 
VETERINARY JURISPRUDENCE. 
Chambers to mention the splint to 'the seller, and recom- 
mended him to give her a trial. She was certainly unsound ; 
there was heat, swelling and pain. The trial Chambers 
gave her was not unfair. The result was just what witness 
anticipated. Had not seen her since. Rest might have 
now restored her. Was sure Mr. Merrick and Mr. Garratt, 
had they seen her on the 27th Jan., would have given a similar 
account to his. A splint lameness is not a permanent lame- 
ness. The fact of the splint being less now, showed that it 
had become absorbed. The animal was certainly unsound 
the day he saw it. 
By Mr. Markham — If she was sound she ought to have 
undergone the trial without sustaining any injury ; she was 
14 \ hands, and fit to draw the dog-cart. The roads were 
dry. 
By Mr. Becke — A splint caused more tenderness while in 
formation, consequent on inflammation and pain. 
By the Court — Splints don't generally cause permanent 
lameness; but while a horse was lame it was unsound. The 
splint being so near the knee joint, believed Unsoundness 
would recur on any great, though not improper, exertion 
and thus it would amount to permanent unsoundness. 
John Quincy , by defendant’s order, took the mare back to 
Sellers’s on the Friday; she stumbled several times on the 
way. Saw Sellers, and told him he had brought Mr. 
Higgins’s mare, and he said “very well.” That was all 
that passed. 
This was the defendant’s case, and Mr. Markham having 
replied, the learned judge summed up. He said the point 
was, whether a sound horse w 7 as delivered according to 
warranty, and that the evidence given did not negative the 
supposition. 
Judgment for plaintiff, with costs. 
COURT OF EXCHEQUER, June 7th. 
PEGG V. ROWE RECOMMENDING A HORSE. 
Mr. M. Chambers and Mr. Crouch were counsel for the 
plaintiff; Mr. Skinner and Mr. Jones appeared for the 
defendant. 
The plaintiff, William Pegg, a baker, of Baysv T ater, sued the 
defendant, Jas. Rowe, a veterinary surgeon, of High Street, 
Marylebone, to recover compensation under the following 
