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SOUTHERN IND. GAS & ELECTRIC CO. v. BONE

No. 19,416.

244 Ind. 672 (1962)

195 N.E.2d 488

SOUTHERN INDIANA GAS & ELECTRIC COMPANY, ET AL. v. BONE

Supreme Court of Indiana.

Rehearing denied March 28, 1962.

Transfer denied January 23, 1964.

Attorney(s) appearing for the Case

Fred P. Bamberger and Bamberger, Foreman, Oswald & Hahn, of Evansville, for appellants.

Johnson & Carroll, of Evansville, for appellee.

DISSENTING OPINION

ACHOR, J.

I recommend transfer of the above captioned case.

The Appellate Court opinion approves appellee's [plaintiff's] instruction No. 3, which is as follows:

"The Court instructs you that one who operates a motor vehicle upon a public highway is bound to observe the highway in front of him so as to discover other vehicles thereon, and avoid colliding therewith, and to keep his vehicle under such control that he...

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