Eason v. Northern Indiana Public Service Co.

Dissenting Opinion

Achor, P. J.

In my opinion the judgment of the trial court should be affirmed. Two major issues are involved. The first .relates to the sufficiency of the evidence; The second to. the overruling of appellant’s motion to dismiss. In my opinion there was no evidence or reasonable inference of negligence on the part of appellee. I am also of the opinion that pleadings and evidence do not establish an inference of negligence under the doctrine of res ipsa loquitur. The issue in dispute therefore became one of law and not of fact. It therefore became the duty of the court, on…