It is insisted that the criticism of assignment numbered 3 in Sington v. B. R., L. P. Co., 200 Ala. 282, 285 (7), 76 So. 48, is applicable to request A2, refused to these appellants. This view takes no account of the presence in the former case of the words "to him," and the absence of those words from the requested instruction A2.
The application for rehearing is overruled.