O'Brien v. Chicago, Rock Island & Pacific Railway Co.

A rehearing was granted in ■ this case. The original opinion is found in 202 N. W. 778. Said opinion is withdrawn, and this opinion substituted in place thereof.

Lincoln Street is one of-the principal streets in the city of Estherville, and' is .paved. ■ It extends approximately in an easterly and westerly direction. It is used very much during the summer season, being one of the main arteries leading 'to the lakes in Dickinson County. Sometime in. August, 1920, the plaintiff, O’Brien, with three companions, who lived at some point east of Estherville, took a Ford automobile, owned by one…