NORTH CAROLINA CON. POWER, INC. v. DUKE POWER CO.

No. 87.

206 S.E.2d 178 (1974)

285 N.C. 434

NORTH CAROLINA CONSUMERS POWER, INC. and the City of Shelby, a municipal corporation of the State of North Carolina, Petitioners-Plaintiffs, v. DUKE POWER COMPANY et al., Respondents-Defendants, and Charles R. McBrayer et al., Additional Respondents-Defendants.

Supreme Court of North Carolina.

July 1, 1974.


Attorney(s) appearing for the Case

Crisp, Bolch & Smith by Thomas J. Bolch, Raleigh, Tally & Tally by J. O. Tally, Jr. and James D. Garrison, Fayetteville, Wood, Dawson, Love & Sabatine, New York City, of counsel, for petitioners-plaintiffs.

Joyner & Howison by R. C. Howison, Jr., Raleigh, and William I. Ward, Jr., Charlotte, of counsel; Fleming, Robinson & Bradshaw by Robert W. Bradshaw, Jr., Charlotte, and Horn, West, Horn & Wray, Shelby, for respondents-defendants.


BRANCH, Justice.

At the threshold of this appeal we are confronted with the question of whether an appeal lies from the trial judge's refusal to dismiss the action.

G.S. § 1-277 in effect provides that no appeal lies to an appellate court from an interlocutory order or ruling of the trial judge unless such ruling or order deprives the appellant of a substantial right which he would lose if the ruling or order is not reviewed before final judgment. Raleigh...

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