Miller v. TEXAS EMPLOYERS'INSURANCE ASSOCIATION

STEPHENSON, Justice.

This is an action brought under the Workmen’s Compensation Law. Trial was by jury and the trial court granted defendant’s motion for instructed verdict at the close of plaintiff’s evidence. The parties will be referred to here as they were in the trial court.

Defendant’s motion for instructed verdict was based solely upon the ground that plaintiff had failed to prove that defendant had notice of injury as required by § 4a of Art. 8307, Vernon’s Ann.Civ.St. Defendant’s answer contained a sworn denial that plaintiff gave notice to his employer or to defendant within thirty…