No. 18,346 | Ind. | Mar 27, 1953
This action is here on petition to transfer under §4-215, Burns’ 1946 Replacement.
We approve the result reached by the Appellate Court in its opinion 108 N.E.2d 273" court="Ind. Ct. App." date_filed="1952-10-23" href="https://app.midpage.ai/document/copeland-v-public-service-co-of-indiana-inc-2047374?utm_source=webapp" opinion_id="2047374">108 N. E. 2d 273. However, we do not approve the statement that “the allegations of the first paragraph of amended complaint are sufficient to present a question of fact as to whether appellees violated the emphasized provision of the above quoted statute.” Such “emphasized provision” being a part of § 1, ch. 161, of the Acts of 1911, p. 424, § 36-1705, Burns’ 1949 Replacement, is as follows:
“Provided, That the same shall be erected and maintained in such manner as not to incommode the public in the use of' such roads, highways and waters: . . . .”
It is our opinion that this section of the statute does not apply to a factual situation such as is presented by the complaint in this case.
Note. — Reported in 111 N.E.2d 47" court="Ind." date_filed="1953-03-19" href="https://app.midpage.ai/document/moore-sr-v-state-2237156?utm_source=webapp" opinion_id="2237156">111 N. E. 2d 47.