*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

-I& 0. MANN - .**-

Mr. F. X. Rightor, Seoretary

Texas State Board of Reglstratdon for /“” Pmqfesslonal Englneors

h.mtin, Texas \\ Dear Sir:

k’s are in reo tar of Sun0 1 in wh:oh you ask our opini atire we&ht to be engineer8 and li- gltsn erfdenoa of lloema earme& land survs tea r4lating to pro- ernon*a Annotated I) Iimieles 8808.to where aith4rpro- ng in our OOurt8.

did not err Zn t it was entit.leU to a0 smm

weight than the testlmcmy of a wltnW8 who knau the same faota.w See also the ease of Ksrllok 1. Hey@, 19 8. W.

Mr. F. E. Rightor, Page g

Ii either a lloensed profseslonal engineer or ll- oensed land surveyor should be oalled as a witnesa~to quall- ry as an expert, it would not be Eiufrlolant to prove'On4 that hs belongs to the proSeeaIon or oalllng to whloh the nubfoot matter or the Inquiry relates; he murt further ahow possesalon of speoial knOwledge as to the very quea- tion on which he proposes to express an opinion. Soo 19 Tex. hr. 72, Par. 47.

The general rules of evidenoe would oontrol the. testImOny ore either wltneas and the oourt or fury is given the prorlnoe 0r passing upon the oredibiLity or weight to be given suoh eridenoe.

yours very truly BWtFL

APpRoVE&Wl? 21, 1939