Copeland v. Public Service Co. of Indiana, Inc.

This action is here on petition to transfer under §4-215, Burns’ 1946 Replacement.

We approve the result reached by the Appellate Court in its opinion 108 N. E. 2d 273. However, we do not approve the statement that “the allegations of the first paragraph of amended complaint are sufficient to present a question of fact as to whether appellees violated the emphasized provision of the above quoted statute.” Such “emphasized provision” being a part of § 1, ch. 161, of the Acts of 1911, p. 424, § 36-1705, Burns’ 1949 Replacement, is as follows:

“Provided, That the same shall be erected and…