Texas Employers' Insurance Ass'n v. Fish

RENFRO, Justice.

This is an appeal from an order of the District Court of Wichita County refusing to vacate a judgment in a workmen’s compensation case.

The Texas Employers’ Insurance Association, by point of error, alleges the trial court erred in failing to hold that, under the provisions of Section 6a, Article 8307, R.C.S., plaintiff has lost his rights to workmen’s compensation 'benefits by filing, without . defendant’s consent and prior to the final conclusion of his suit for compensation, a common-law action against a third party based on the same injury.

On October 13, 1952, appellee Fish…