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ROCHLIN v. P. S. WEST CONST. CO.

No. 380.

67 S.E.2d 464 (1951)

234 N.C. 443

ROCHLIN v. P. S. WEST CONST. CO., Inc.

Supreme Court of North Carolina.

November 7, 1951.

Attorney(s) appearing for the Case

Land, Sowers & Avery and W. I. Ward, Jr., Statesville, for plaintiff, appellant.

Scott & Collier, Statesville, and M. L. Nash, Tryon, for defendant, appellee.

DENNY, Justice.

In our opinion there was error in the ruling of the trial judge. And where a judge intimates an opinion on the law which lies at the foundation of the action, adverse to the plaintiff, or excludes evidence offered by the plaintiff which is material and necessary to make out his case, he may submit to a nonsuit and appeal. Nowell v. Basnight, 185 N.C. 142, 116 S.E. 87; Chandler v. Mills, 172 N.C. 366, 90 S.E. 299; Hayes v. Atlanta & C. Air Line...

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