On Petition to Transfer.

The opinion of the Appellate Court in this case contains objectionable dicta as follows:

“. . . In this connection it might be well to say that a majority of this court are of the opinion that if the deposition had been properly admitted *459it would not have been sufficient to sustain the award.”

We disapprove this statement.

With this disapproval the petition to transfer is denied.

Note. — Reported in 120 N. E. 2d 271.