120 ESSENTIALS OF VETERINARY LAW 



various standard authors on the subject of 

 diseases, and had given his own opinion in respect 

 to the character of the disease of which the horse 

 died, it was proper to ask him for his best medical 

 opinion thereon according to the best authority.^" 

 In an action for breach of warranty in the sale 

 of a stallion, where the defect complained of is 

 a spavin, testimony of expert witnesses is admis- 

 sible to show that the defect is subject to be trans- 

 mitted in breeding.^^ (§ 206.) 



89. Compensation as Expert. It is quite com- 

 mon for those needing the service of experts in 

 American courts to make special arrangements for 

 the pay for such services. Such a previous under- 

 standing is very much the better way, but it is not 

 always made, and therein comes a new complica- 

 tion. In fact, a large proportion of expert wit- 

 nesses do not know what rights they may have; 

 and in consequence some have been committed to 

 jail for too great insistence upon what they con- 

 sidered their rights. Although some courts, and 

 one state, have affirmed the right of the court to 

 call for the services of an expert witness, whether 

 he wishes to serve or not, it is generally recog- 

 nized that his services as an expert are at his own 

 disposal, even though there may be some question 

 as to his right to special compensation. In other 

 words, it rests with the witness whether or not 

 he shall become an expert witness in the case be- 

 fore the court. 



A physician cannot be compelled to make a 

 post mortem examination, according to a Texas 



60 Pierson v. Hoag, 47 Barb. ei Fitzgerald v. Evans, 49 



243. Minn. 541, 52 N. W. 143. 



