Stuck v. Town of Beech Grove

Indiana Supreme Court

Stuck v. Town of Beech Grove

166 N.E. 153, 201 Ind. 78, 1928 Ind. LEXIS 26

CourtIndiana Supreme Court

DecidedOctober 25, 1928

DocketNo. 25,230.

StatusPublished

Cited by4 cases

This text of 166 N.E. 153 (Stuck v. Town of Beech Grove) 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

Stuck v. Town of Beech Grove, 166 N.E. 153, 201 Ind. 78, 1928 Ind. LEXIS 26 (Ind. 1928).

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Opinion

Martin, C. J.

The parties to this appeal are the same asin No. 25,227, Stuck v. Town of Beech Grove (1928), ante 66, 163 N. E. 483. The appellants herein sought to enjoin appellees from enforcing the same ordinances that áre involved in the other case, not upon the ground that the ordinances were unreasonable, but on the alleged ground that they encroached on the jurisdiction of the Public Service Commission. Some conclusions of the pleader to the effect that the second “ordinance is unconstitutional, arbitrary and unreasonable and beyond the power of the town board and therefore void” were set out in the complaint, but no facts were alleged to show wherein the ordinance was unreasonable, etc. These conclusions, being conclusions of law and not of fact, are not covered by §360 Bums 1926, which authorizes the pleading of conclusions subject only to a motion to make more specific, Central Bank, etc., v. Martin (1919), 70 Ind. App. 387, 394, 121 N. E. 57; Cincinnati, etc., R. Co. v. Little (1921), 190 Ind. 662, 668, 131 N. E. 672, and they must be disregarded. Public Service Comm. v. City of Indianapolis (1922), 193 Ind. 37, 61, 137 N. E. 705. The trial court sustained a demurrer to appellants’ complaint and, upon *80 their refusal to plead further, rendered judgment against them.

We have held, in the other case, that ordinances designating the streets within a municipality upon which buses may operate, or prohibiting their operation on certain streets, do not encroach upon the jurisdiction of the Public Service Commission over motor-bus common carriers, as long as the ordinances do not prevent or unreasonably interfere with the utility’s operation under the certificate or franchise granted by that commission, and it follows that the trial court correctly sustained the demurrer to the complaint.

No error is presented by appellants’ brief. The errors assigned are that the court erred in sustaining the demurrer to the complaint and in sustaining appellees’ motion to dissolve a temporary injunction which had been granted to appellants, and the points and authorities cited by appellants go only to unreasonableness of the ordinance, which was not the issue under the pleadings.

Judgment affirmed.

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Martin, C. J.

The parties to this appeal are the same asin No. 25,227, Stuck v. Town of Beech Grove (1928), ante 66, 163 N. E. 483. The appellants herein sought to enjoin appellees from enforcing the same ordinances that áre involved in the other case, not upon the ground that the ordinances were unreasonable, but on the alleged ground that they encroached on the jurisdiction of the Public Service Commission. Some conclusions of the pleader to the effect that the second “ordinance is unconstitutional, arbitrary and unreasonable and beyond the power of the town board and therefore void” were set out in the complaint, but no facts were alleged to show wherein the ordinance was unreasonable, etc. These conclusions, being conclusions of law and not of fact, are not covered by §360 Bums 1926, which authorizes the pleading of conclusions subject only to a motion to make more specific, Central Bank, etc., v. Martin (1919), 70 Ind. App. 387, 394, 121 N. E. 57; Cincinnati, etc., R. Co. v. Little (1921), 190 Ind. 662, 668, 131 N. E. 672, and they must be disregarded. Public Service Comm. v. City of Indianapolis (1922), 193 Ind. 37, 61, 137 N. E. 705. The trial court sustained a demurrer to appellants’ complaint and, upon *80 their refusal to plead further, rendered judgment against them.

We have held, in the other case, that ordinances designating the streets within a municipality upon which buses may operate, or prohibiting their operation on certain streets, do not encroach upon the jurisdiction of the Public Service Commission over motor-bus common carriers, as long as the ordinances do not prevent or unreasonably interfere with the utility’s operation under the certificate or franchise granted by that commission, and it follows that the trial court correctly sustained the demurrer to the complaint.

No error is presented by appellants’ brief. The errors assigned are that the court erred in sustaining the demurrer to the complaint and in sustaining appellees’ motion to dissolve a temporary injunction which had been granted to appellants, and the points and authorities cited by appellants go only to unreasonableness of the ordinance, which was not the issue under the pleadings.

Judgment affirmed.

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166 N.E. 153, 201 Ind. 78, 1928 Ind. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stuck-v-town-of-beech-grove-ind-1928.

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