North v. Pennsylvania Rd. Co.

The motion to certify was allowed not because the case involved any new or novel question of negligence law but because of this court’s interest in seeing the summary-judgment procedures used effectively. The summary-judgment statute (Section 2311.041, Revised Code) was enacted with a view to eliminating from the backlog of cases which clog our courts awaiting jury trials those in which no genuine issue of fact exists. The availability of this procedure and the desirability of its aims are so apparent that its use should be encouraged in proper cases.

With this in mind, appellate courts…