The complaint in this negligence action has been dismissed at the end of plaintiff's proof and judgment of nonsuit has been entered. The question on appeal is whether a triable issue of fact has been presented. Defendant was driving the automobile in which plaintiff was riding. In going around a curve on a parkway the car went off the road, struck a stone obstruction and plaintiff was seriously injured. Plaintiff had been asleep in the car before the accident. Defendant was...
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