CARMODY, Justice.
This is an appeal of a workmen's compensation case by the claimant, based upon the refusal of the trial court to allow him compensation.
Briefly summarizing the circumstances upon which the case is based, it would appear that on July 30, 1956, claimant filed an action under the Workmen's Compensation Act, 1953 Comp. § 59-10-1 et seq., by reason of an injury occurring on June 28,
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