Albert McGann Securities Co. v. Coen

Dissenting Opinion On Petition for Rehearing.

Royse, C. J.

I am in complete accord with the majority opinion (48 N. E. (2d) 58) on the questions presented by appellant’s assignment of error. However, on a reconsideration of the authorities on the questions presented by the cross-errors assigned by appellee, I believe the majority opinion is not only against the weight of authority generally, but is in direct conflict with two recent decisions of our Supreme Court.

The term “guest,” as used in Acts 1929, ch. 201, § 1, p. 679, amended by Acts 1937, ch. 259, § 1, p. 1229, § 47-1021, Burns’ 1940…