Legal Opinion

Clark County v. Kerstan

Supreme Court of Arkansas

Decided May 4, 1895PublishedCited by 3 opinions

Appeal from Clark Circuit Court. Rueus D. Hearn, Judge. The only question in this case is settled by Flinn v. Prairie Co. 29 S. W. 459. He was not entitled to a fee for expert testimony. 1. A physician is entitled to compensation for post mortem examination. 55 Ark. 421-422. 2. Appellee was entitled to compensation as an expert witness. 29 S. W. 459.

1Opinion of the CourtWood, J.

This was a suit against the county for services rendered in a post mortem examination, and for expert testimony. The proof shows that the post mortem examination was made by the appellee, who was a physician and surgeon, at the request of the coroner. The account was for twenty dollars in two items, viz.: “To post mortem examination, $10; expert testimony, $10; total, $20.” The county court rejected the entire account, and, on appeal to the circuit court, the item for expert testimony was allowed, and the item for post mortem examination was refused. Judgment was entered accordingly, and the…

2Cases cited1 opinion

  1. Cole v. White CountySupreme Court of Arkansas · 1877

3Cited by3 opinions

  1. Arkansas State Game & Fish Commission v. KizerSupreme Court of Arkansas · 1953
  2. Hempstead County v. GoodlettSupreme Court of Arkansas · 1905
  3. Opinion No., Arkansas Attorney General Reports1994

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