Greene v. Hathaway

EDGERTON, Circuit Judge.

Appellant Ceicley, then a four-year old girl, sued appellee Hathaway for personal injuries. Her complaint alleged that she was a passenger in an automobile owned byappellee and operated with his consent; that it was negligently maintained and operated; and that as a result of this negligence she was thrown out and injured.

In his opening statement to the jury appellants’ counsel said he would prove the following facts. Appellant was riding in the back seat of a cab that belonged to appellee. Appellee had rented it to Keith H. Greene and had agreed to keep it in repair.…