Liberty Mut. Ins. v. Gerald

LEE, Circuit Judge.

This suit, for rescission and cancellation of a written compromise settlement of a compensation claim, on the ground of fraud or mistake, was instituted by Richard Gerald against the Liberty Mutual Insurance Co. in the district court in order to open the way for a review of his claim for compensation before the Texas Industrial Accident Board which had already approved the settlement agreement.

On February 28, 1946, while engaging in his employment as oil-field “rigger” for Eastern States Petroleum Co., Inc., Richard Gerald, 57, was moving a heavy metal tube, of a kind…