EXAMINATION OF HORSES FOR SOUNDNESS. 
197 
whatever, as he brings forward no proof that Dr. Ackerman in¬ 
tended to do his horse or himself an injustice or an injury. 
Proof is lacking that Dr. A. was wrong in his conclusions in 
regard to the nnsoundness of the mare, though the prepon¬ 
derance of evidence is against him. If it were conclusively 
shown that the mare was sound by the evidence of agreed-upon 
experts, the question of the intention of the examiner to give 
the buyer an opinion at variance with his honest belief, is still 
to be proven. An attempt to defraud the seller by the sub¬ 
mission of a certificate or opinion different from the convictions 
of the examiner must be established. No such evidence is pro¬ 
duced ; but, on the contrary. Dr. Ackerman states in his letter 
to the buyer that he did not know who the seller was, and there¬ 
fore could not have acted maliciously nor prejudiciously. The 
correctness of Dr. A.’s conclusions does not enter the question 
of redress; any examiner is liable to err, and if everyone who 
examined horses had to pecuniarily stand behind his opinion 
few veterinarians could be found who were willing to undertake 
such a task at the prevailing fees. If it were possible for Mr. 
Robbins to obtain a money indemnity for a real or imaginary 
injury in such a case as this, what would become of those ex¬ 
aminers who pronounce a horse sound ? The animal is sound 
to the be.st of his knowledge and belief only. And under the 
evidence Mr. Robbins’ horse was unsound to the best of Dr. A.’s 
knowledge and belief, although sound to the best of the knowl¬ 
edge and belief of the other examiners. If the examiner be¬ 
lieved the horse unsound and gave a different opinion he would 
have committed a criminal offense ; but if his conclusions were 
based upon his honest convictions he gave the only decision 
admissiable. 
LETTER OF TRANSMISSAL. 
Brookeyn, April 26, 1898. 
Editors Arnericaji Veterinary Review : 
Gentlemen : — As I am in sympathy with Mr. Robbins in the en¬ 
closed matter, and as he is a well-known horseman in this city and a 
patron of mine, the subject being interesting, I hope 3’ou will find room 
in 3^our May issue for it. 
Yours truly, L. McLean. 
LETTER FROM THE SELLER. 
Brooklyn, March 26, 1898. 
Editors American Veterinary Review : 
Gentlemen ;—Through the medium of j^our journal will you have 
