State v. Percy

Much has been written on the effect of statements of an expert witness as to his qualifications. A reading of the cases cited by the majority shows they involve hypothetical questions, are comments and expressions of dictum. Only Fisher v. Flanagan Coal Co., 86 W.Va. 460, 103 S.E. 359, reversed the trial court's ruling. By their result they are in agreement With our holding in State ex rel. Helgerson v. Riiff, 73 S.D. 467, 44 N.W.2d 126. Other authorities are: 20 Am.Jur., Evidence, § 786; 22 C.J. Evidence § 609, p. 526; 32 C.J.S. Evidence § 458, p. 99, n. 70; Jones v. Tucker, 41 N.H. 546;…