Reliance Manufacturing Co. v. Ofcharchak

DISSENTING OPINION

Draper, J.

The evidence discloses that the deceased had been bleeding internally for some sixteen or eighteen hours before he fell. I can find no evidence whatever to support an inference either that his fall was accidental or that it resulted from a weakened and dying condition. To my mind the record leaves the cause of his fall entirely to speculation and conjecture. I would reverse on the authority of Prudential Ins. Co. of America v. Van Wey (1945), 223 Ind. 198, 59 N. E. 2d 721.

Note. — Reported in 88 N. E. 2d 172.