Block v. Fruehauf

Dissenting Opinion

Sullivan, J.

I believe the Indiana Supreme Court opinion in Carlton v. Board of Zoning Appeals (1969), 252 Ind. 56, 245 N. E. 2d 337, requires a result contrary to that reached by the majority opinion. To this extent, therefore, I agree with Judge White’s dissent.

I cannot, however, subscribe to Judge White’s desire to resurrect Inland Steel Co. v. Lambert (1917), 66 Ind. App. 246, 118 N. E. 162, which decision was overruled by Empire Health, etc. Ins. Co. v. Purcell (1921), 76 Ind. App. 551, 132 N. E. 664. In my view, the holding that a finding of “an accident arising out of…