Order reversed, without costs; plaintiff's motion denied; and verdict for defendants reinstated.
It was undisputed that the defendant McIntyre had been sleeping on the rear seat of the automobile for several hours while the owner (defendant Clancy) had been driving and that the accident occurred within 3 to 15 minutes after McIntyre took the wheel and started to drive. There was no testimony that McIntyre felt or displayed any signs of being drowsy, weary or under...
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