Fuehring v. Union Trust Co.

DISSENTING OPINION ON PETITION TO TRANSFER

Emmert, J.

This case comes up for the consideration of this court on a petition to transfer from the Appellate Court. See (1946), 117 Ind. App. 246, 69 N. E. (2d) 141. The transfer was denied by a majority action of this court without opinion, but an opinion denying the transfer would have been proper. Hunter v. Cleveland, etc., R. Co. (1930), 202 Ind. 328, 174 N. E. 287; Myers v. Newcomer (1930), 202 Ind. 335, 174 N. E. 290.

Therefore a dissenting opinion is proper, and in view of the most important principles involved in the protection of the property…