Wabash Railroad v. Public Service Commission

Dissenting Opinion

Bobbitt, J.

I cannot agree with either the reasoning or the result reached in the majority opinion for the following reasons:

First: As stated in the majority opinion, the only question raised pertains to the correctness of the ruling on the demurrer. In my opinion this presents the question as to whether appellant has proceeded under the proper statute. If so, the demurrer should have been overruled. However, if appellant’s procedure was controlled by ch. 169 of the Acts of 1929, being §54-429 to 54-438, Burns’ 1951 Replacement, then the demurrer should have been sustained.

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