Pollock v. Studebaker Corporation

DISSENTING OPINION

Draper, J.

The question presented seems to me to be one of law, and not one of fact. The problem is whether, under the undisputed facts, the workman is entitled under the law to be compensated for his injuries.

Although in the past I have taken a more narrow view, as might be indicated by my dissent in Reliance Mfg. Co. v. Ofcharchak (1949), 119 Ind. App. 610, 88 N. E. 2d 172, I believe the opinion and decision of the Appellate Court, as reported in 97 N. E. 2d 631, is in accord with the modern trend of judicial thought. I would prefer to deny transfer.

Note.—Reported in 105 N.…