Judgment modified on the law and the facts by striking therefrom the first decretal paragraph and by substituting therefor a provision that the complaint be dismissed. As so modified, the judgment, insofar as appeal is taken, is unanimously affirmed, with costs to respondent-appellant. Appeal from order dismissed, without costs.
Plaintiff did not give evidence as to the manner in which he drove onto the highway, having testified that he has no memory of the accident...
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