Smith v. Gray Concrete Pipe Co.

Smith, J., dissents and filed a dissenting opinion at page 172 infra.

We are presented here with the first case to reach this Court pursuant to the “Uniform Certification of Questions of Law Act,” enacted by the General Assembly as Ch. 427, Laws of Maryland, 1972, since codified as Code (1957, 1960 Repl. Vol., 1972 Supp.) Art. 26, § 161-172. Section 161 provides:

“The [C]ourt of Appeals may answer questions of law certified to it by the Supreme Court of the United States, a Court of Appeals of the United States, or a United States District Court when requested by the certifying court if there…