272 
VETEIUNAKY JURISPRUDENCE. 
seem to embody the sentiments of our legal big-vvig*s on a sub¬ 
ject whereon they, in many instances, have sktled points for 
us, which we had been totally unable to settle for ourselves. 
Cough. —Lord Ellenborough says, While a horse has a 
cough, I say he is unsound, although that may either be tem¬ 
porary or prove mortal.” 
Crib-bitwgy Mr. Justice Burroughs said, was A curable 
vice in its first stage—a mere accident arising from bad manage¬ 
ment in the training of the horse, and no more connected with 
unsoundness than starting or shying.” 
What a pity it is, and how great a loss to us, that his Lordship 
did not make known his method of cure for this curable vice;” 
as well as his means of prevention ! 
Nervhig .—Chief Justice Best (now Lord Wynford) told the 
jury, that it was difficult to say that a horse in which there 
was an organic defect could be considered sound; that sound 
meant perfect ; and a horse deprived of a useful nerve was im¬ 
perfect, and had not that capacity of service which is stipulated 
for in a warranty.” 
We quite agree with his Lordship’s conclusion. 
Roaring is a point on which one Judge has delivered two 
opinions ; the latter upsetting the former, and establishing it to 
constitute unsoundness: the first opinion was given in 1810. 
Lord Ellenborough then said, It has been held by very high 
authority, that roaring is not necessarily unsoundness; and I 
entirely concur in that opinion.” 
In 1817 his same Lordship said, If a horse be affected by 
any malady w’hich renders him less serviceable fora permanency, 
I have no doubt that it is unsoundness: I do not go by the 
noise, but by the disorder.” And from that time down to the 
present day, roaring has been admitted to be a species of un¬ 
soundness. 
Temporary Lameness. —Sir James Eyre, in 1798, then Chief 
Justice of Common Pleas, said that A horse labouring under a 
temporary injury or hurt, which is capable of being speedily 
cured or removed, is not for that an unsound horse ; and when a 
warranty is made that such a horse is sound, it is made without 
any view to that injury; nor is a horse so circumstanced an un¬ 
sound horse within the meaning of the warranty.” 
This may or might be law ; but it is shocking physic. 
Lord Ellenborough said, I have always held, and now hold, 
that a warranty of soundness is broken, if the animal at the time 
of sale had any infirmity upon him which rendered him less fit 
for present service. It is not necessary that the disorder should 
be permanent or incurable.” 
This is mending the breach made by Chief Justice Eyre. 
