ALTERATION OF STRUCTURE, 
The consequence of previous disease, attended by lameness, and 
WHICH MIGHT AGAIN PRODUCE LAMENESS IF THE HORSE WERE 
HARDLY WORKED, UNSOUNDNESS. 
BALDWIN V . DIXON. 
* _ « 
This was an action against Mr. Dixon, the proprietor of 
the horse-repository in Barbican, on the warranty of a horse 
which he sold to the plaintiff, a coal-merchant at Limehouse, in 
May last. The w arranty was, that the horse was sound. 
Sir J. Scarlett stated the case for the plaintiff, and called se¬ 
veral w itnesses, who proved the follow ing facts: — 
The horse was put up for sale by auction at the defendant's 
repository on the 28th of May last, and bought in. The plaintiff 
afterwards looked at it, and bargained with the defendant for 
the purchase of it by private contract. The plaintiff observed 
that the horse “ w ent weak,” and favoured one foot more than 
the other ; it rested its fore foot on the off side. The defendant 
accounted for that by saying it w r as a young horse, and had been 
weakened by being driven across a hard country, but that in the 
course of a week or ten days it would be as fresh as possible. 
He added, that he would warrant it sound to ride or drive. On 
the follow ing day (the 29th) the plaintiff went again to the re¬ 
pository, and purchased the horse for £22..10s. The defendant 
accounted as before for its apparent lameness, by saying it had 
been hard driven. When taken home, and for some time after¬ 
wards, its lameness was still observable. The plaintiff took it 
out occasionally, but it appeared to be incapable of much exer¬ 
tion; and on the 15th of June it was examined by Mr. Field, the 
veterinary surgeon, who pronounced it to be unsound in the fore 
off leg. It was then taken with a written certificate from Mr. 
Field to the defendant, who was desired to receive it back, but 
he refused, saying it w as perfectly sound. The plaintiff turned 
it out to grass for about a month, and in the mean time provided 
himself with another horse. 
Mr. James Turner, who had very carefully examined the 
horse, stated that he observed it pointed its lore foot, which 
was an indication of pain. There was a slight enlargement of 
the coronet, and the foot w as contracted, but the animal was 
perfectly free from lameness at the time he saw it. It was ca¬ 
pable of performing at slow work very well; probably about six 
or seven miles an hour. With slight work, just so much as was 
sufficient to exercise it properly and keep it in health, it might 
not exhibit any lameness at all; but if it performed any great 
vol. iv. b b 
