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SURRATT v. PETROL, INC.

No. 3-373A27.

316 N.E.2d 453 (1974)

Mary SURRATT, As Guardian for Althama Surratt, and Joan Henderson, Plaintiffs-Appellants, v. PETROL, INC., Defendant-Appellee.

Court of Appeals of Indiana, Third District.

September 11, 1974.

Attorney(s) appearing for the Case

Thomas H. Singer, Alexander Lysohir, Lysohir & Singer, South Bend, for plaintiffs-appellants.

Vincent P. Campiti, Arthur A. May, Crumpacker, May, Levy & Searer, South Bend, for defendant-appellee.

ON PETITION FOR REHEARING

GARRARD, Judge.

Appellee Petrol's petition for rehearing asserts the use of the term "active conduct" and the placing of any reliance upon Cleveland, etc., R. Co. v. Means (1914), 59 Ind.App. 383, 104 N.E. 785, in considering the duty of care owed to discovered trespassers is at odds with the holding in Fort Wayne National Bank v. Doctor (1971), 149 Ind.App. 365, 272 N.E.2d...

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