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BIEL, INC. v. KIRSCH

No. 18,923.

240 Ind. 69 (1958)

161 N.E.2d 617

BIEL, INC. v. KIRSCH.

Supreme Court of Indiana.

Rehearing denied November 24, 1958.

Transfer denied July 1, 1959.

Petition for rehearing dismissed October 27, 1959.

Attorney(s) appearing for the Case

James E. Bingham, William M. Osborn, Bingham, Summers & Spilman, of counsel, all of Indianapolis, McFaddin & McFaddin, of counsel, of Rockville, Aikman, Piety & McPeak, of counsel, of Terre Haute, for appellant.

Clelland J. Hanner, of Rockville and Hansford C. Mann, of Terre Haute, for appellee.

Lockyear and Lockyear, of Evansville, Frederick P. Bamberger, Joseph S. Hatfield, of counsel, both of Evansville, Young & Young, Howard S. Young, Jr., and R. Stanley Lawton, all of Indianapolis, amicus curiae.

ON PETITION TO TRANSFER

ARTERBURN, J.

I concur in the denial of the petition to transfer, but not for the reason given in the Appellate Court Opinion. (See 153 N.E.2d 140.)

The fact that upon the death of an agent the liability in a negligence case is limited or extinguished against his estate, should not accrue to the benefit of the principal and release the principal...

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