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WARNER v. LEDER

No. 598.

69 S.E.2d 6 (1952)

234 N.C. 727

WARNER v. LEDER.

Supreme Court of North Carolina.

February 1, 1952.

Attorney(s) appearing for the Case

Edward K. Proctor, Whiteville, Helms & Mulliss and James B. McMillan, all of Charlotte, for defendant, appellant.

Powell, Lee & Lee, Whiteville, for plaintiff, appellee.

DENNY, Justice.

The defendant presents for our consideration twenty-three exceptions and assignments of error. However, if his plea of immunity under the provisions of the North Carolina Workmen's Compensation Act, G.S. § 97-9, is valid, the court below committed error in not sustaining his motion for judgment as of nonsuit, interposed at the close of plaintiff's evidence and renewed at the close of all the evidence. And since this plea, if sustained, will determine...

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