Union Tp. of Montgomery Co. v. Hays

Dissenting Opinion

Prime, J.

I must embrace a contrary view to that of the majority in this case because of the testimony of Mr. Burk-art, the Assessor:

*287“Q. If I understand you correctly you used Mr. Hays in two capacities?

“A. Yes.

“Q. One capacity was Deputy Assessor of Union Township, Montgomery County, Indiana?

“A. Yes, Sir.

“Q. The other was that of a field man?

“A. He was a Deputy Assessor, that was the only way he could get his money, but as a Deputy Assessor I directed him to do field work.

“Q. He actually was employed on this particular day he was injured as a field man, is that correct?

“A.…