Whitson v. Western North Carolina Railroad
Supreme Court of North Carolina
MotioN to vacate a judgment) heard by Shipp, Judge, at October Term, 1886, of Buncombe Superior Court. The action was prosecuted to recover in damages the value of two mules alleged to have been killed by the negligent running of the defendant’s locomotive and cars on their track, on or about the first day of November, 1883. The summons issued January 19th, 1884, and was served nine days thereafter.
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MotioN to vacate a judgment) heard by Shipp, Judge, at October Term, 1886, of Buncombe Superior Court. The action was prosecuted to recover in damages the value of two mules alleged to have been killed by the negligent running of the defendant’s locomotive and cars on their track, on or about the first day of November, 1883. The summons issued January 19th, 1884, and was served nine days thereafter. A verified complaint was filed on June 2d, 1884, the Ifirst day of the Term to which the process was made returnable. No answer was put in at that or the succeeding Term, though counsel for the…
1Opinion of the Court
Smith, O. J.
(after stating the case). The distinction made in the early case of Griel v. Vernon, 65 N. C., 76; and recognized in numerous subsequent adjudications, is between personal neglects of the suitor and neglects of his counsel, and the latter are held not to be so attributable to the suitor as to deprive him of the advantages of the enactment.
Where he employs counsel and communicates the merits of his case to such counsel, and the counsel is negligent, it is excusable on the part of the client, who may reasonably rely upon the counsel’s doing what may be necessary on his behalf. But…
2Cases cited4 opinions
- Griel v. . VernonSupreme Court of North Carolina · 1871
- McLean v. . McLeanSupreme Court of North Carolina · 1881
- Wynne v. . PrairieSupreme Court of North Carolina · 1882
- Geer v. . ReamsSupreme Court of North Carolina · 1883
3Cited by10 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Norton v. . McLaurinSupreme Court of North Carolina · 1899
- Moore v. DealSupreme Court of North Carolina · 1954
- Osborn v. . LeachSupreme Court of North Carolina · 1903
- Vick v. . BakerSupreme Court of North Carolina · 1898
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