118 ESSENTIALS OF VETERINARY LAW 



special skill in the subject concerning which his 

 opinion is sought to be given. ' ' 



"Rule 37.^- But the opinion of an expert is 

 inadmissible where the subject is not one of special 

 skill or knowledge, but of general observation or 

 experience, which can be better answered by per- 

 sons in another calling, or is upon a question which 

 the court or jury can themselves decide on the 

 facts.'' 



' ' Rule 38.^^ The opinion of an expert on a ques- 

 tion of law, or ethics, or on matters of mere specu- 

 lation, is inadmissible." 



"Rule 39.^* An expert may be qualified by 

 study without practice, or by practice without 

 study. But mere observation without either is in- 

 sufficient." 



"Rule 43.^^ The qualification of a w^itness as 

 an expert is a question for the trial court, whose 

 decision is not generally reviewable on appeaL" 



Opinions of experts are incompetent unless ques- 

 tions of skill or science are involved.^*^ Before giv- 

 ing expert testimony the standing of the witness 

 as an expert should be presented to the court. The 

 testimony of a veterinary witness must be judged 

 very differently according to whether his standing 

 as an expert comes as a result of years of practice, 

 without previous special education, or from recent 

 study in the laboratory and with books. Some- 

 times perhaps one, and sometimes perhaps the 

 other should be considered the more competent, 

 according to the point involved. The court and 



52 p. 238. 55 p. 276. 



53 p. 242. 56 Eosenheiiti v. American 

 5«p. 246. Ins. Co., 3n Mo. 230. 



