Public Service Commission v. Baltimore & Ohio Railroad

Dissenting Opinion on Petition for Rehearing.

[Filed May 23,1931.]

Myers, C. J.

The record and briefs filed in this case submit for decision two important questions. The-first in the order of submission challenges the jurisdiction of the Marion Superior Court over the “persons of appellees” and of the subject-matter of the action. In case the first question is decided against appellants’ contention, then, second, the court erred in granting to appellees a temporary injunction.

The first question, although important, was not decided by this court or mentioned in the opinion. I now feel that the…