Texas Employers Insurance v. Kennedy

Mr. Judge Hickman

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

This suit was instituted by defendant in error, W. W. Kennedy, against plaintiff in error, Texas Employers Insurance Association, to cancel and set aside a compromise settlement agreement theretofore executed by Kennedy and the Association and approved by the Industrial Accident Board, on the ground of alleged fraud in its procurement.' At the close of the testimony the jury was peremptorily instructed to return a verdict for the association and, upon the verdict returned in accordance with the instruction,…