Opinion
Appellate Court No. 18,036.
Transfer denied March 20, 1951.
1. COURTS — Courts of Appellate Jurisdiction — Supreme Court — Transfer of Cause to Supreme Court — Denial of Transfer With Opinion Proper. — Although it has not been the general practice of the Supreme Court to deny a petition to transfer with an opinion, such action is not improper. p. 218.
2. COURTS — Courts of Appellate Jurisdiction — Supreme Court — Transfer of Cause to Supreme Court — Denial of Transfer — Result of Appellate Court Not Necessarily Approved. — When a petition to transfer is denied by the Supreme Court, it does not necessarily follow that the result, or the reasoning by which the result is reached by the Appellate Court, is thereby approved by the Supreme Court, because the petition to transfer may not present such matters for determination. p. 218.
3. WORKMEN'S COMPENSATION — Proceedings To Secure Compensation — Appeal — Transfer to Supreme Court — Causation — Insufficient Grounds Presented To Transfer. — Where an employer sought to transfer a cause to the Supreme Court after the Appellate Court affirmed an award of workmen's compensation, the employer's contention that the Appellate Court erroneously determined that the employee's death was caused by his employment did not present sufficient grounds to justify a transfer; however in denying the petition the Supreme Court did not decide that the Appellate Court's statements on causation were correct. p. 219.
4. WORKMEN'S COMPENSATION — Proceedings To Secure Compensation — Appeal — Transfer to Supreme Court — Evidence — Sufficient To Sustain Award — Transfer Denied. — On a petition to transfer a cause to the Supreme Court after an affirmance of an award of workmen's compensation by the Appellate Court, where the evidence was sufficient to sustain the award, transfer was denied. p. 219.
From the Industrial Board of Indiana.
Proceeding under the Workmen's Compensation Act by Irene Helen and Robert Eugene Davis, claimants, against Citizens Independent Telephone Company, employer, to recover for the death of Ralph Davis, husband and father of the claimants respectively. An award of compensation was affirmed by the Appellate Court, and the employer filed a petition to transfer to the Supreme Court. (See 121 Ind. App. 20).
Petition denied.
Draper, J., not participating.
Kiplinger Kiplinger, of Rushville, for appellant.
Vance M. Waggoner, of Rushville, for appellees.
It has not been the general practice of this court to deny a petition to transfer with an opinion, although it is proper to do so. See In Re Petitions to Transfer Appeals (1930), 1, 2. 202 Ind. 365, 174 N.E. 812; Hunter v. C.C.C. St. L.R. Co. (1930), 202 Ind. 328, 174 N.E. 287; Myers v. Newcomer (1930), 202 Ind. 335, 174 N.E. 290; Sluss v. Thermoid Rubber Co. (1930), 202 Ind. 338, 174 N.E. 291; Burkus v. State (1931), 202 Ind. 341, 174 N.E. 292; Heffner v. White (1943), 221 Ind. 315, 47 N.E.2d 964. When a transfer is denied, it does not necessarily follow that the result, or the reasoning by which the result is reached by the Appellate Court, is thereby approved by this court, since the petition to transfer may not present such matters for our determination. The petition to transfer in this case in general (1) challenges the sufficiency of the evidence before the Industrial Board which granted an award for death caused by lightning, and (2) contends the Appellate Court erroneously determined that death was caused by the employment.
We do not believe that the appellant's contentions on the subject of causation require us to transfer the cause. However, by our refusal to transfer we are not deciding that the 3. Appellate Court's statements on causation, or its analysis of the reasoning in E.I. Du Pont, etc. v. Lilly (1948), 226 Ind. 267, 79 N.E.2d 387, are correct. The petition to transfer does not require the reexamination of either Deckard v. Trustees of Indiana University (1931), 92 Ind. App. 192, 172 N.E. 547, or the Du Pont case, supra.
There was ample evidence before the Industrial Board to 4. sustain the award. Therefore the transfer is denied.
Draper, J., not participating.
NOTE. — Reported in 97 N.E.2d 491.