Galbreath v. City of Indianapolis

*91Dissenting Opinion

White, J.

I respect my brethren’s adherence to the doctrine of stare decisis. The doctrine serves a good purpose in many cases, but this case is not of that class.

I believe that it does make a difference in the rationalization of the result reached whether we interpret the notice statute in light of Touhey v. City of Decatur, 175 Ind. 98, 93 N. E. 540 (1911), or Aaron v. City of Tipton, 218 Ind. 227, 32 N. E. 2d 88 (1941). Under Touhey the basis of the city’s liability is statutory and the notice statute is to be strictly construed against the claimant. Under Aaron the city’s…