BOWEN v. HODGE MOTOR CO.

No. 78.

234 S.E.2d 748 (1977)

292 N.C. 633

James F. BOWEN and James G. Bowen by his Guardian ad litem, James F. Bowen v. HODGE MOTOR COMPANY.

Supreme Court of North Carolina.

May 10, 1977.


Attorney(s) appearing for the Case

Henson & Donahue by Perry C. Henson and Richard L. Vanore, Greensboro, for defendant-appellant.

Bencini, Wyatt, Early & Harris by A. Doyle Early, Jr., High Point, for plaintiffs-appellees.


EXUM, Justice.

We allowed defendant's petition for further review in order to determine whether the trial judge had jurisdiction to entertain plaintiffs' Rule 41(a)(2) motion for voluntary dismissal without prejudice. We hold that under the circumstances here presented he did not.

This action for property damages to an automobile which burned allegedly because of defendant's negligent repair of the carburetor was tried before judge and jury at a one-week session...

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