Kanoy v. Hinshaw

Plaintiffs assign as error the trial court’s action in consolidating the two cases for trial. This assignment of error is based on an exception duly taken. Fleming v. Holleman, 190 N.C. 449, 130 S.E. 171.

Appellants rely on the language contained in the case of Dixon v. Brockwell, 227 N.C. 567, 42 S.E. 2d 680, where Winbome, J., (later C.J.) stated:

“It is appropriate to say that consideration of this appeal leads to the conclusion that it would be better to try the actions brought by these plaintiffs, passengers in the Frank N. Martin car, separately from the action brought by Frank N. Martin.…