The opinion
Robb, J.
(concurring in part and dissenting in part): I find myself unable to concur with paragraph 4 of the syllabus and the corresponding portion of the majority opinion and I must dissent therefrom in view of the commitment of this court to the rule of liberal construction of our workmen’s compensation act in favor of the employee. To my way of thinking to pronounce such a broad rule which would definitely tend to inure to an employer’s benefit is an affirmative step in the opposite direction from our liberal construction theory. This case admittedly presents a very close question but in my opinion such a general rule of law as that stated in paragraph 4 of the syllabus is too far-reaching under the circumstances. Otherwise, I concur in the majority opinion.