Shanholtz v. Monongahela Power Co.

Caplan, Justice:

This case is before the Court on certification from the Circuit Court of Harrison County. There, the court granted Monongahela Power Company’s motion to dismiss and, upon the motion of the plaintiff, certified its *306ruling to this Court for decision. Although no issue was made of the fact that the procedure employed below does not conform to the appropriate certification statute, it may be well to point out for further proceedings that certified questions .. may, in the discretion of the circuit court ... and shall, on the joint application of the parties to the suit ...” be…