Lefebvre v. Western Coal & Mining Co.

The opinion of the court was delivered by

Jochems, J.:

This action was brought under the former workmen’s compensation act. (R. S. 44-501 et seq.) The issues were decided in favor of the defendant, and plaintiff appeals.

An arbitrator was appointed, and in addition to the statutory questions usually submitted to the arbitrator the parties by agreement submitted all other questions in controversy between them. Seventeen questions were submitted. The first two were:'

"(1) Whether or not an injury was sustained.

“(2) Whether or not such injury was accidental.”

The seventeen specific questions were…