Pennington's Exrs. vs. Yell.
Headnotes
He is liable only for gross negligence or gross ignorance in the performance of his professional duties; and this is a question of fact to be determined by the jury, and is sometimes to be ascertained by the evidence of those who are conversant with, and skilled in the same kind of business.
An attorney is entitled to the benefit of the rule, that every one shall be presumed to have discharged his legal and moral obligations until the contrary shall be made to appear.
And when made to appear, the extent of the damages that have resulted, must also be affirmatively shown; as in the case where the amount of a note is alleged to have been lost by his negligence, it must be shown that it was a subsisting debt against the maker, and also that he was solvent.
And unless the latter be shown, he would be liable only for nominal damages;
