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MARTIN v. FREE SERVICE TIRE CO.

225 S.W.2d 249 (1949)

MARTIN v. FREE SERVICE TIRE Co.

Supreme Court of Tennessee.

December 17, 1949.

Attorney(s) appearing for the Case

George N. Barnes, W. J. Carter & John Goodin, Johnson City, for plaintiff in error.

Miller, Miller & Martin, of Johnson City, for defendant in error.

TOMLINSON, Justice.

The only question in this Workmen's Compensation Case is whether the accident which injured employee Martin was an accident arising out of and in the course of his employment, Code, § 6852(d), by Free Service Tire Company. At the conclusion of the introduction of evidence by plaintiff employee, the Court sustained a motion of defendant employer to dismiss the case on the ground that "at the time of the accident" Martin "was not acting in the...

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