Filed June 19, 1957. Rehearing denied September 9, 1957. Transfer denied March 3, 1958.
APPEAL — Transfer — Effect of Denial by Supreme Court. — Denial of a petition to transfer does not indicate the Supreme Court's approval of all the language of the Appellate Court's opinion.
Appellant, Robert Carlton Hurd, by next friend, Joseph B. Davis, petitions to transfer his cause from an adverse decision of the Appellate Court affirming the judgment below.
From the Delaware Circuit Court, John W. Macy, Special Judge.
Reporter's Note: Reported in 143 N.E.2d 458.
Joseph B. Davis, David W. Jones, both of Muncie, and Charles B. Salyer, of Anderson, for appellants.
Warner, Clark Warner, Bracken De Fur, Voran Hanley and Marshall E. Hanley, all of Muncie, for appellees.
Upon examination of appellant's petition to transfer, we find no cause to grant the petition. However, "Denial of a petition to transfer does not indicate our approval of all language of the opinion under consideration." Fardy v. Mayerstein (1943), 221 Ind. 339, 347, 47 N.E.2d 315. We believe the essential reasoning of the opinion is correct and a transfer would not bring a different result.
NOTE. — Reported in 148 N.E.2d 194.