HORSE CAUSE. 469 
Mr. Sergeant Storks (who was assisted by Mr. Hutchinson) 
said, that the plaintiff, who was a surgeon-dentist in Argyle-street, 
would feel himself much disappointed if the Jury were not told 
that he prided himself much in his judgment on ahorse. The 
defendant had been a quartermaster in the 1st Regiment of Life 
Guards, and, after thiity-six years’ service, had retired with 
honour from the regiment, in order to enjoy himself in peace and 
quiet, and without having, by any conduct of his, rendered him¬ 
self liable to the imputation of having endeavoured by a trick to 
pass off‘ an unsound horse on the plaintiff. The truth was, that 
men who thought themselves .very skillful in horses were very 
capricious in their taste; they were like children with playthings 
—they get tired of them; and then, as if they could not get rid of 
them as easily as children did of playthings, they had recourse to 
courts of justice, and subjected quiet men to the trouble of a law¬ 
suit. The Jury had heard the evidence of Mr. Sewell, which had 
been given in the way that might be expected in this march of 
intellect age ; but had it established such a case of unsoundness 
as would entitle the plaintiff to a verdict ? The horse was a very 
fine animal, and the plaintiff had been struck by its beautiful 
appearance, and had therefore purchased it; and now wished to 
get rid of it, because he found a small blemish on one of the knees, 
which did a little impair the beauty of that appearance which had 
at first taken his fancy. It could not be pretended that the 
blemish on the knee was an unsoundness ; indeed, it had not 
been put forward as one; and with regard to the other, it would 
be shewn clearly that it was not an unsoundness. The Jury had 
heard the evidence of a veterinary surgeon, but, to meet that, other 
persons, whose experience was perhaps greater, though their 
science might not be so great, as these respectable persons from 
universities, in this age of universities, and who would tell them 
that the horse really was not unsound. From these witnesses they 
would hear, that a horse might have a temporary enlargement of 
the hoof without being unsound ; and it would besides be proved, 
that this horse was, even at this moment, in a sound state. 
Mr. W. PercivalL —I am veterinary surgeon to the 1st Life 
Guards ; I have been so for the last eighteen months: I have 
during this period known the horse in question, but it was never 
before brought under my particular observation. I examined it 
a few days after it had been returned by the plaintiff; in my 
opinion the horse was; perfectly sound. I made a second examin¬ 
ation a few days afterwards, as I understood it was to be made 
the subject of a trial. I examined its feet; it had some thicken¬ 
ing ; I don’t deny but that it was an ossification of the cartilage. 
Ossification, unless the horse is lame in consequence of it, docs 
