(Filed 3 March, 1943.)
Appeal by corporate defendant from Sink, J., at October Term, 1942, of BtjNgombe.
Appeal dismissed.
Civil action to recover damages for personal injuries.
Plaintiff was a passenger on tbe automobile of tbe plaintiff in Brown v. Products Go., ante, 626, and tbe evidence is ,the same as in tbat case.
Tbe court below overruled defendant’s motion for judgment as in case of nonsuit and submitted tbe cause to tbe jury. Tbe jury having failed to agree, a juror was withdrawn and a new trial was ordered. Defendant appealed, assigning error in tbe ruling on tbe motion for judgment of nonsuit.
Williams & Ooclce for plaintiff, appellee.
Smathers & Meelcins for defendant, appellant.
Barnhill, J.
Tbe order for a new trial entered in tbe court below was interlocutory. It does not affect tbe merits of tbe case and is in no sense final. Hence, tbe appeal is premature.
*631In view of wbat bas been said in Brown v. Products Co., ante, 626, there is no sound reason why we should exercise our discretionary right to express an opinion on the merits of the exceptive assignment of error as requested by defendant. Knight v. Little, 217 N. C., 681, 9 S. E. (2d), 377.
Appeal dismissed.