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and by attending lectures, may be the facts are established by the evi. examined as experts on the subject dence or not..........

..... lbid. of insanity. Davis v. The State..496 8. Same.-When a witness examined as

an expert expresses an opinion based 5. Same.--Evidence.-The extent of a on facts assumed by the party introwitness's acquaintance with the sub

ducing him to have been proved, or ject about which he testifies as an

upon a hypothetical case put by such expert may always be inquired into,

party, then the other party may cross to enable the jury to estimate the examine the witness by taking his weight of his evidence............ Ibid.

opinion based on any other set of 6. Same.-Court.- Fury. Whether a

facts assumed by him to have been witness is competent to testify at all

proved, or upon a hypothetical case. as an expert, is a question for the

Ibid. court; but after he has been allowed 9. Administrator.--In a suit where to testify, the weight of his evidence judgment is sought against the adis a question for the jury......... Ibid.

ministrator of an estate, and the an

swer brings the defense within the 7. Same.-1/ypothetical Case.- Prac exception of the statute relating to a

tice.-If there is no dispute as to the case where an action is brought by facts on which a witness is to base an heir upon a contract made with his opinion as an expert, it is proper the ancestor, the plaintiff is not a to require that the question pro competent witness, unless called by pounded shall embrace them all, and the administrator or the court. Bishthat the witness shall take them all op, Adm'r, v. Iilih......

.......521 into consideration in giving his an- 10. Same.-Admissions. The claim

But if the facts are in dis ant was not a competent witness to pute, the question propounded may disprove the making of admissions be based upon the facts which the by him, testified to by a third party, evidence tends to prove; and the

that such a contract existed as was jury may decide ultimately whether! set out in the answer............... Ibid.


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