# Public Service Co. of Indiana, Inc. v. Dalbey

> Indiana Court of Appeals · April 19, 1949 · 119 Ind. App. 405

URL: https://www.frixlaw.com/law-library/cases/3428397

## Case

- **Full name:** Public Service Company of Indiana, Inc. v. Dalbey
- **Court:** Indiana Court of Appeals
- **Decided:** April 19, 1949
- **Citations:** 119 Ind. App. 405; 85 N.E.2d 368; 1949 Ind. App. LEXIS 161
- **Precedential status:** Published
- **Opinion:** Addendum by Martin
- **Judges:** Martin
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3428397

## Opinion text

ON PETITION FOR REHEARING
Martin, J.
Appellant in its petition for rehearing has pointed out that the authority cited by this court in the original opinion of
Curran
v.
A. H. Stange Co.,
(1898), 98 Wis. 598 , 74 N. W. 377 , involved the interpretation of the word “ought” as used in an interrogatory rather than in an instruction as stated in the original opinion, which is correct.
However, the reasoning used by the Wisconsin court in setting forth that the word “ought” is considered as the equivalent to “would” in the textbooks and decisions is equably applicable to the use of such word in an instruction.
The appellant’s petition for rehearing is denied.
Note. — Reported in 85 N. E. 2d 368 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3428397. Public record. Not legal advice.