Casey v. East Carolina Railway

Stacy, 0. J.

The principal exceptions, upon which the defendant relies, are, first, the refusal of the court to dismiss the action for failure of plaintiff to file a bill of particulars within the time specified, and, second, for refusal to order a compulsory reference on motion of the defendant. Neither assignment of error, based on these exceptions, can be sustained. While the plaintiff was a few days late in filing his bill of particulars, nevertheless it appears that same was filed 21 Eebruary, 1929, and the case was not tried until the October Special Term thereafter, nearly eight months…