Texas Employers Ins. Assn. v. Marsden

Mr. Judge TAYLOR

delivered the opinion of the Commission of Appeals, Section B.

This suit is by defendant in error, D. E. Marsden, to set aside an award of the Industrial Accident Board allowing hernia benefits under subdivision 4, section 12b of the workmens’ compensation act, revised statutes, 1925. The trial court upon a jury trial rendered judgment in favor of the claimant. The Court of Civil Appeals affirmed the judgment, Chief Justice Hickman dissenting. 57 S. W. (2d) 900.

It is pointed out in the dissenting opinion that the question presented is the exact question that was before the…