JURISPRUDENCE. 
437 
mal for the time unfit for service.” To me it appears that Lord Ellen - 
brough’s rendering is the most just, for we all know that many appar¬ 
ently trifling causes of lameness which are often only temporary, such 
as a bruise of the foot, a prick with a nail, or a thrust often lead to 
more serious diseases which result in permanent or, at least, protracted 
lameness. A slight cold may lead to a chronic cough, nasal gleet or 
worse. On the other hand, they are usually temporary causes which for 
the time unfit the animal for service. 
Mr. Baron Parker (Oliphant’s Law of Horses, 68), says : “ I think 
the word sound means what it expresses, namely : that the animal is 
sound and free from disease at the time he was warranted sound, if in¬ 
deed the disease were not of a nature to impede the natural usefulness 
of the animal for the purpose for which he is used ; as, for instance, if a 
horse had a slight pimple on his skin, it would not amount to an u?i- 
soundness ; but even if such a thing as a pimple were on some part of 
the body where it might have that effect, as for instance, on a part 
where it would prevent the putting of a saddle or bridle on the 
animal, it would be different. An argument has, however, been ad¬ 
duced from the slightness of the disease and the facility of cure ; but 
if we once let in considerations of that kind, where are we to draw the 
line ? A horse may have a cold which may be cured in a day, or a fever 
which may be cured in a week or a month, and it would be difficult to 
say where to stop. Of course, if the disease be slight , the unsoundness 
is proportionately so, and so also ought to be the damage , and if they 
were very inconsiderable, the judge might still certify under the statute 
of Elizabeth to deprive the plaintiff of costs.” 
Baron Anderson, agreeing with Baron Parker, adds : “ The rule 
as to unsoundness applies to cases of disease and accident, which, from 
their nature, are only temporary, it not being necessary that the disease 
be permanent or incurable, and this is laid down as law by Lord Ellen- 
borough, in Elton and Brogden, and Elton and Jordan ; also, by the 
Mr. Baron Parker, in Coales and Stephens, and by the Court of Ex¬ 
chequer, in Kiddell and Burnard, although Mr. Justice Coleridge, in 
Balden and Brogden, was of a different opinion. It will be unnecessary 
to take into consideration acute diseases, such as fevers, inflammation, 
etc., because all horses are, beyond dispute, unsound during the time 
they are afflicted by them.” 
[to be continued.] 
