118 ESSENTIALS OF VETERINARY LAW 
special skill in the subject concerning which his 
opinion is sought to be given.’’ 
‘Rule 37.52. 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 38.53 The opinion of an expert on a ques- 
tion of law, or ethics, or on matters of mere specu- 
lation, is inadmissible.’’ 
“Rule 39.54 An expert may be qualified by 
study without practice, or by practice without 
study. But mere observation without either is in- 
sufficient.’ 
‘“‘Rule 43.5 The qualification of a witness 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 
52p. 238. 55 p. 276. 
53 p. 242. 56 Rosenheim v. American 
54p. 246. Ins. Co., 33 Mo. 230. 
