Johnson v. Clark

On the night of October 19, 1957, the appellee fell and fractured his leg a few minutes after leaving the liquor store at which he was working. His claim for workmen’s compensation was denied by the referee who heard the testimony. On appeal to the full commission the claim was allowed, with one commissioner dissenting, and the award was upheld by the circuit court. In seeking a reversal the employer contends that Clark’s injury did not arise out of and in the course of his employment. Ark. Stats. 1947, § 81-1305.

The issue is one of law, there being no dispute as to the material facts.…