knew the effect of the circumstances referred to and took them into consideration.
The most serious question is the contention that the stone formed prior to the accident. The employer and carrier say that this is conclusively shown by the testimony of Dr. P.L. Bates, a urologist, who attended claimant when he was hospitalized in Greenwood. He appears to have made a rather complete physical examination of him at the time of admission. He testified twice during the hearing as a witness for the employer and carrier. On his first examination he said that on May 9, 1958, the day of admission of claimant to the Greenwood Hospital, he made an intravenous pyelogram which "showed both kidneys functioning normally"; that claimant returned to the hospital on May 31, 1958complaining of passing blood clots in his urine; and that a further examination was then made, during the course *501 of which he looked at claimant's bladder with a cystoscope and there were no "ulcerations, no tumors and no stones." At his second appearance before the hearing Commissioner, Dr. Bates testified that on May 9, 1958 an intravenous pyelogram was taken and that the x-rays disclosed "a small crescent shaped stone in the left kidney." He said that later he made a cystoscopic examination of the bladder which disclosed no stone in that area. He admitted on cross examination that in his report covering almost three pages he made no mention of finding the kidney stone because he deemed that fact "not pertinent to this patient's clinical picture."
The