Fidelity & Casualty Co. v. McKay

SIBLEY, Circuit Judge.

Custer B. McKay in litigation over an award of compensation under the Texas Workmen’s Compensation statute (Rev. St. Tex. 1925, art. 8306 et seq., as amended), obtained judgment against the insurer, Fidelity & Casualty Company of New York, and the latter appeals, complaining that the application for compensation was barred when filed and that the court erred in permitting a hypothetical question as to the cause of McKay’s condition and that a verdict should have been instructed because the evidence showed McKay’s condition to be due to disease and not to an industrial…