The opinion
SCHNACKENBERG, Circuit Judge
(dissenting).
It is settled law that, upon the trial of a personal injury case when a physician, other than an attending physician, is called to testify for plaintiff, he is not permitted to express an opinion based upon statements made by plaintiff for the purpose of enabling the physician to testify in his behalf. While an attending physician, when called as a witness for plaintiff, may express a medical opinion based in part on statements made by his patient in connection with treatment, Cleveland, C., C. & I. R. Co. v. Newell, 104 Ind. 264, 270 , 3 N.E. 836, 839 (1885), a physician who did not treat plaintiff for the injuries involved is limited to giving an answer to hypothetical questions put to him in court.
For these reasons, I respectfully dissent.