ESLINGER v. MILLER BROTHERS COMPANY


315 S.W.2d 261 (1958)

Oliver ESLINGER v. MILLER BROTHERS COMPANY, INC.

Supreme Court of Tennessee.

Rehearing Denied July 11, 1958.


Attorney(s) appearing for the Case

Ogle & Ogle, Sevierville, for appellant.

Frantz, McConnell & Seymour, Knoxville, Wynn & Wynn, Sevierville, for appellee.


NEIL, Chief Justice.

This is a workmen's compensation case which originated in the Chancery Court by an original bill filed by Miller Brothers against Eslinger seeking a declaratory judgment as to its liability for compensation.

The contention of Miller Brothers, who was the defendant's employer, was that the injury complained of did not arise out of and in the course of the employment. The defendant filed an answer and cross bill charging that he had been...

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