Indiana Harbor Belt Railroad v. Public Service Commission

I respectfully dissent from the majority opinion. It relies heavily upon a rehearing opinion in Public Service Commission v. C.I. & L. RR. (1956), 235 Ind. 403, 134 N. E. 2d 53. The opinion in the latter case upon the merits, however, contains the following statement at page 397:

“The trial court1 may not set aside an order of the Public Service Commission if it is supported by substantial evidence and is not contrary to law. * * * ” (Emphasis supplied)

This statement of law must be considered in understanding the language used by Judge Arterburn in his rehearing opinion wherein he stated that…