Legal Opinion · Concurrence

Marion Trucking Co. v. McDaniel Freight Lines, Inc.

Indiana Supreme Court

Decided December 1, 1952No. 28,918Published

1Concurrence

*527CONCURRING OPINION

Emmert, C. J.

I concur in the result of the majority opinion. It seems to me it is not necessary to decide more than that the appellee failed to prove damage now or in the future to any property right it might have. There was no proof that appellant was injuring or would injure the appellee by depriving it of any of its motor freight business. The general rule is, injunctions are only issued to protect civil property rights. State ex rel. Zeller v. Montgomery Circuit Court (1945), 223 Ind. 476, 62 N. E. 2d 149.

The record here discloses this to be another case where a…

2Cases cited3 opinions

  1. State Ex Rel. Zeller v. Montgomery Circuit CourtIndiana Supreme Court · 1945
  2. State Ex Rel. Pub. Serv. Com. v. Marion C. Ct.Indiana Supreme Court · 1952
  3. Marion Trucking Co. v. McDaniel Freight Lines, Inc.Indiana Supreme Court · 1952

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