T. O. Smith v. The Fidelity & Casualty Company of New York

HUTCHESON, Chief Judge.

This is an appeal from a judgment entered for defendant in a Workmen’s Compensation case on its motion to withdraw the case from the jury and render judgment in its favor. It presents as the single question for decision whether plaintiff proved compliance with the Texas statute, Vernon’s Ann.Civ.St. art. 8307, § 4a, requiring the filing of a claim with the Industrial Accident Board within six months from the date of the injury or that he had sufficient cause for not having done so.

The matter comes up in this way. Plaintiff alleged: that on the 9th day of June, 1949, he…