Hathaway v. New York Casualty Co.

WALLER, Circuit Judge.

Plaintiff (appellant) sought, by suit in a state court, to set aside an unfavorable ruling of the Industrial Accident Board of Texas and to recover for injuries received under the provisions of the Texas Workmen’s Compensation Law, Vernon’s Ann. Civ. St. art. 8306 et seq. The suit was removed to the District Court of the United States, which, at the conclusion of plaintiff’s testimony, directed a verdict for defendant, holding that plaintiff failed to file, or to excuse his failure to file, his claim with the Industrial Accident Board in the period of time prescribed in…