Opinion
April 12, 1943.
Present — Close, P.J., Hagarty, Adel, Taylor and Lewis, JJ.
Action to recover damages for personal injuries alleged to have been sustained by reason of defendant's negligence. Order granting motion to amend the judgment herein so as to show that the dismissal of the complaint was without prejudice, instead of on the merits, and the judgment as amended, unanimously affirmed, with costs. The proof shows that when the trial court acted in the first instance it intended that the dismissal should be without prejudice.