Meloon v. Davis

On Rehearing.

BINGHAM, Circuit Judge.

This case is now before us on an application for rehearing. In the court below the jury were instructed in part as follows:

“Now they [the plaintiff, a boy, and other children] being there [on the car] with the invitation, with the knowledge — with the consent of the' motorman who was acting within the scope of his general authority, the situation raised a certain obligation in respect to the exercise of care, and they being there under the circumstances which have been described and being there upon the invitation and with the knowledge of the motorman, he…