Russle L. Kersh v. The Travelers Insurance Company

HUTCHESON, Chief Judge.

This is an appeal from a judgment in a Texas Workmen’s Compensation suit. It was entered on a verdict directed for defendant on the ground that when, on February 8, 1956, sixteen months and twenty-eight days after his injury on September 10, 1954, he filed his claim with the Board, “good cause” did not exist as matter of law. It presents the single question whether plaintiff's testimony,1 which was the only testimony on the “good cause” issue, was insufficient *113as matter of law to present an issue for the jury.

The basic principles controlling here have been many times…