Indianapolis Power & Light Co. v. Southeastern Supply Co.

Dissenting Opinion

Sullivan, J.

I dissent from the opinion delivered in this cause by the majority.. My areas of disagreement are three*576fold, only one of which materially affects the result I believe required in the matter. In the interest of clarity and in order that my position be not misleading I consider it appropriate to comment on the other two issues, however.

Contrary to the provision of Art. 7, § 5, of the Constitution of the State of Indiana, which by virtue of Hunter v. Cleveland, Cincinnati, Chicago & St. Louis Ry. (1930), 202 Ind. 328, 174 N. E. 287, is made applicable to the…