Gary Railways v. Chumcoff

Full title: GARY RAILWAYS, INC. v. CHUMCOFF

Court: Supreme Court of Indiana

Date published: Jan 30, 1952

103 N.E.2d 203 (Ind. 1952)

103 N.E.2d 203

Opinion

Appellate Court No. 18,006.

Transfer denied January 30, 1952.

COURTS — Courts of Appellate Jurisdiction — Supreme Court — Transfer of Cause to Supreme Court — Majority of Court Not in Favor of Transfer — Transfer Denied. — Where on petition to transfer from the Appellate Court to the Supreme Court, two judges of the Supreme Court were of the opinion that the Appellate Court had correctly decided the issues presented and that transfer should be denied, two judges were of the opinion that the petition to transfer should be granted, and one did not participate because of his close relationship to one of the attorneys appearing for the appellant, transfer would be denied, as a majority of those judges participating were not in favor of the petition to transfer.

From the Newton Circuit Court, Newell A. Lamb, Judge.

Action by James S. Chumcoff against Gary Railways, Inc. to recover damages for personal injuries. Judgment for the plaintiff was reversed by the Appellate Court and the plaintiff filed a petition to transfer to the Supreme Court. (See 122 Ind. App. 139).

Petition denied.

Draper, J., not participating.

Draper Eichhorn, of Gary, and George Sammons, of Kentland, for appellant.

Strom and Spangler, of Gary, for appellee.

BOBBITT, J.

This action is before us on petition to transfer from the Appellate Court under § 4-215, Burns' 1946 Replacement; Acts of 1933, ch. 151, § 1, p. 800, and was argued before this court by counsel for both appellant and appellee.

After due consideration Jasper and Bobbitt, JJ., reached the conclusion that the Appellate Court had correctly decided the issues presented and that the transfer should be denied. Gilkison, C.J., and Emmert, J., are of the opinion that the petition to transfer should be granted. Draper, J., did not participate because of his close relationship to one of the attorneys appearing for appellant.

Therefore, a majority of those judges participating not being in favor of the petition to transfer, it is denied.

Transfer denied.

Draper, J., not participating.

NOTE. — Reported in 103 N.E.2d 203.