Eslinger v. MILLER BROTHERS COMPANY

Mr. Chiee Justice Neil

delivered the opinion of the Court.

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 a regular employee of Miller Brothers, Inc., since 1950 and was so employed on iluly 27, 1956, at which…