Texas Employers' Ins. Ass'n v. Perry

(after stating the case as abové).

By a timely plea in abatement the appellant sought to abate all that portion of the appellee’s claim for compensation for injuries set forth in his petition that he had sustained, excepting the specific injury of hernia. Upon due presentation the plea was overruled by the court, and the ruling is made the basis of error. It is pointed out that no claim for the injuries made the basis for compensation in this suit, except for the specific injury of hernia, had been presented to the Industrial Accident Board before the appeal to the court, and, therefore, the…