THE HOKSE. 
73 
of the eye prior to the purchase. Next to direct evidence of this are 
appearances about the eye, of which the veterinary surgeon at least ought 
not to be ignorant. They consist chiefly of a puckering of the lids 
toward the inner corner of one or both eyes— a difference in the size of 
the eyes, although perhaps only a slight one, and not discovered except 
it be looked for — a gloominess of the eye — a dullness of the iris — a lit- 
tle dullness of the transparent part of the eye generally — a minute, 
faint, dusky spot deep in the eye, and generally with little radiations 
white lines proceeding from it. If these symptoms, or the majority of 
them, existed at the time of purchase, the animal had assuredly been 
diseased before, and was unsound. Starting has been considered as un- 
equivocal proof. It is usually an indication of defective sight, but it is 
occasionally a trick. Connected, however, with the appearances just 
described, it is a very strong corroborative proof. 
Lameness, from whatever cause arising, is unsoundness. However tem- 
porary it may be, or however obscure, there must be disease which les- 
sens the utility of the horse, and renders him unsound for the time. So 
says common sense, but there are contradictory decisions on the case. 
“A horse laboring under a temporary injury or hurt, which is capable 
of being speedily cured or removed, is not, according to Chief Justice 
Eyre, an unsound horse ; and where a warranty is made that such a 
horse is sound, it is made without any view to such an injury; nor is a 
horse so circumstanced within the meaning of the warranty. To vitiate 
the warranty, the injury the horse had sustained, or the malady under 
which he labored, ought to be of a permanent nature, and not such as 
may arise from a temporary injury or accident.” 
On the contrary, Lord Ellenborough says : “ I have always held, and 
now hold, that a warranty of soundness is broken, if the animal at the 
time of sale has any infirmity upon him which renders him less fit for 
present service. It is not necessary that the disorder should be perma- 
nent or incurable. While a horse has a cough he is unsound, although 
it may either be temporary or may prove mortal. The horse in ques- 
tion having been lame at the timer of sale, when he was warranted to 
be sound, his condition subsequently is no defense to the action.* The 
decision of Mr. Baron Parke, already referred to, confirms this doc- 
trine. 
Neurotomy. — A question has arisen how far a horse that has under- 
gone the operation of the division of the nerve of the leg and has re- 
covered from the lameness with which he was before affected, and 
stands his work well, may be considered to be sound. Chief Justice 
Best held such a horse to be unsound, and in our opinion there cannot 
be a doubt about the matter. The operation of neurotomy does not 
remove the disease causing the lameness, but only the sensation of pain. 
A horse on whom this operation has been performed may be improved 
by it — may cease to be lame — may go well for many years; but there 
is no certainty of this, and he is unsound, within our definition, unless 
nature gave the nerve for no useful purpose. 
Ossification of the Lateral Cartilages constitutes unsoundness, as intor- 
4 
* 4 Campbell. 251, Elton vs. Brogden. 
