Page:North Dakota Reports (vol. 48).pdf/779

 ever, that it is not apparent that the trial court erred in admitting the X-ray photographs in evidence. Nor do we believe that the court erred in permitting the doctor to explain the X-ray photographs. One of the photographs showed a dislocation or subluxation of a vertebra. The other showed a fracture of a small bone in one of plaintiff’s feet. While it is true the photographs themselves were, and are, the best evidence as to what they show, it is equally true that an X-ray photograph may wholly fail to convey to an ordinary layman the facts as they actually are shown in such photograph. And, we believe that it is proper for an expert to explain an X-ray photograph in particulars that are not understood by a layman. See United R. & Elec. Co. v. Dean, 117 Md. 686, 84 Atl. 75; Bradley v. Inter Railway Co. (Iowa) 183 N. W. 493.

Nor do we believe the court erred in permitting the doctor to give his opinion as an expert as to the nature and extent of the injury, and its probable duration and effect. The authorities generally hold these matters to be a proper subject of expert testimony. The Encyclopedia of Evidence (7 Ency. Ev. p. 399) says:

“For the purpose of arriving at a proper conclusion as to the nature and extent of the injury, and its probable duration and effect, it is proper to receive the opinions of medical experts..”

To the same effect see Rogers on Expert Testimony (2d ed.) p 130; Jones’ Blue Book of Evidence, § 378, pp. 929-932.

Error is also predicated upon the admission of the testimony of the plaintiff to the effect that for some six months after the injury he was unable to work, and that from the time of the injury and up to the date of the trial he was suffering with severe headaches, had pains in the back and in the leg, and was nervous. In our opinion this evidence was admissible.

The Encyclopedia of Evidence says:

“It is proper and indeed necessary to inquire into the nature and extent of the injury complained of; and accordingly it is proper to receive evidence as to the physical condition, in respect to health, of the injured person prior and subsequent to the injury; that before the injury the plaintiff was healthy and vigorous, and that in consequence of the injury he suffered pain and disease.” 7 Ency. Ev. 383—385.

“The injured person is a competent witness to testify to his feelings, fains and symptoms, as well as to all the characteristics of the injury, internal or external, so far as the same were perceptible to the senses,