Copeland v. Public Service Co. of Indiana, Inc.

Indiana Supreme Court

Copeland v. Public Service Co. of Indiana, Inc.

111 N.E.2d 47, 232 Ind. 10, 1953 Ind. LEXIS 168

CourtIndiana Supreme Court

DecidedMarch 27, 1953

DocketNo. 18,346

StatusPublished

Cited by2 cases

This text of 111 N.E.2d 47 (Copeland v. Public Service Co. of Indiana, Inc.) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Copeland v. Public Service Co. of Indiana, Inc., 111 N.E.2d 47, 232 Ind. 10, 1953 Ind. LEXIS 168 (Ind. 1953).

Pincite

Opinion

Per Curiam.

This action is here on petition to transfer under §4-215, Burns’ 1946 Replacement.

We approve the result reached by the Appellate Court in its opinion 108 N. E. 2d 273. However, we do not approve the statement that “the allegations of the first paragraph of amended complaint are sufficient to present a question of fact as to whether appellees violated the emphasized provision of the above quoted statute.” Such “emphasized provision” being a part of § 1, ch. 161, of the Acts of 1911, p. 424, § 36-1705, Burns’ 1949 Replacement, is as follows:

“Provided, That the same shall be erected and maintained in such manner as not to incommode the public in the use of' such roads, highways and waters: . . . .”

It is our opinion that this section of the statute does not apply to a factual situation such as is presented by the complaint in this case.

[12]*12The complaint does, in our opinion, state facts sufficient to constitute a charge of common law negligence. Transfer denied.

Note. — Reported in 111 N. E. 2d 47.

Free access — add to your briefcase to read the full text and ask questions with AI