BURNETT, Justice.
This is a Workmen's Compensation case. The trial judge without making any special finding of fact dismissed the suit because the court found "as a fact that the accident resulting in the injuries and death of Lynwood Irby Timmerman did not arise out of and in the course of his employment by the defendant".
From this finding and holding an appeal has been seasonably perfected to this Court where the case has been ably briefed and argued before...
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