#### JOSHUA H. LEE, Employee, v. S. S. TOLER & SON, Employer; and FIDELITY & CASUALTY COMPANY OF NEW YORK, Carrier.

(Filed 28 September, 1938.)

Appeal by plaintiff from Hamilton, Special Judge, at June Term, 1938, of Edgecombe.

Affirmed.

This was a proceeding under the North Carolina "Workmen’s Compensation Act. Plaintiff claimed compensation for injury .by accident arising- out of and in the course of his employment by defendant. The Industrial Commission found as a fact from all the evidence that plaintiff did not suffer an injury by accident arising out of and in the course of his regular employment resulting in the disability complained of. Upon appeal the award of the Industrial Commission was affirmed, and plaintiff appealed to this Court.

Chas. C. Pierce and J. L. Simmons for plaintiff, appellant.

Ruark •& Ruark and Leon S. Harris for defendants, appellees.

Per Curiam.

There being evidence to support the finding and award of the Industrial Commission, the judgment is affirmed. Lockey v. Cohen, Goldman & Co., 213 N. C., 356; Valentine v. Grocery Co., post, 828.

Affirmed.