SHARP, Justice.
This appeal presents a two-fold question: (1) Did Judge McLean err in granting plaintiff's motion to dismiss defendant's counterclaim [made under G.S. § 1A-1, Rule 41(b) and (c)] on the ground that there was no evidence tending to show that plaintiff was the operator of the automobile at the time of the accident in suit; and (2) if so, since this was a nonjury case, was this error of law cured by the judge's subsequent finding in his judgment...
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