Legal Opinion · Dissent

Randall v. Board of Commissioners

Indiana Court of Appeals

Decided June 10, 1921No. 10,623Published

From Tippecanoe Superior Court; Henry H. Vinton, Judge. Action by William Randall and others against the Board of Commissioners of Tippecanoe County. From a judgment for defendant, the plaintiifs appeal.

1Dissent

Dissenting Opinion.

Nichols, P. J.

The conclusion reached by the majority of the court, in my view, results in such rank injustice to appellants, and is so subversive of the private rights of a citizen of the state, and is so contrary to the plain unequivocal declaration of the Constitution of the state, and of American Constitutions generally, that I must enter an emphatic protest to such conclusion.

The majority opinion holds, in effect, in harmony with appellee’s contention, that the facts as averred in the complaint present a case simply of a change in the grade of a street with…

2Cases cited42 opinions

  1. Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
  2. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  3. Rigney v. City of ChicagoIllinois Supreme Court · 1881
  4. Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
  5. Chicago v. TaylorSupreme Court of the United States · 1888

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