Court of Appeals of North Carolina, 1978

Board of Transportation v. Gragg

Board of Transportation v. Gragg
Court of Appeals of North Carolina · Decided November 21, 1978 · Harry, Hedrick, Martin, Morris
38 N.C. App. 740; 248 S.E.2d 763; 1978 N.C. App. LEXIS 2321

Board of Transportation v. Gragg

Opinion of the Court

HEDRICK, Judge.

A pretrial order declaring certain evidence admissible or inadmissible is indeterminate and subject to later modification. Knight v. Duke Power Co., 34 N.C. App. 218, 237 S.E. 2d 574 (1977); Davis Realty, Inc. v. City of High Point, 36 N.C. App. 154, 242 S.E. 2d 895 (1978). The same is true of a pretrial order purporting to fix what the rule of damages should be at the trial. Green v. Western & Southern Life Insurance Co., 250 N.C. 730, *742110 S.E. 2d 321 (1959). Such orders are not immediately ap-pealable. 1 Strong’s N.C. Index 3d, Appeal and Error, § 6.9.

Appeal dismissed.

Judges MORRIS and MARTIN (Harry C.) concur.

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