Troue v. Marker

Concurring Opinion

White, J.

This is the type of case in which rhetoric flows easily. I shall attempt to add as few words as possible.

I agree with much that is said in both the majority opinion and in the dissent. In Galbreath v. City of Indianapolis, 145 Ind. App. 80, 248 N. E. 2d 553 (1969), I found myself in disagreement with a decision resting, in my view, almost wholly on stare decisis. There was in that case, however, good reason, I thought, to believe that the Indiana Supreme Court had destroyed the foundation on which the precedents there followed were constructed. Here, however, I…