Pincelli v. Ohio Bridge Corp.

The judgment below dismissing the appeal on questions of law and fact and retaining it on questions of law *44cannot be prejudicial since only questions of law arose in the Court of Appeals. We are unable to see any question of fact material at any stage of these proceedings which was disputed in the courts below. Nor was any additional material evidence proffered and excluded in the Court of Appeals.

There is no reason for a Court of Appeals to certify its judgment as conflicting with that of another Court of Appeals where, as here, the point upon which conflict exists had no arguable effect…