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. 61 Fitzgerald v. Evans, 49 
243. Minn. 541, 52 N. W. 143. 
