Safety Casualty Company v. Oscar Homer Brown

BROWN, Circuit Judge.

Since the jury found on special issues, Fed.Rules Civ.Proc. 49(a), 28 U.S. C.A., that no earlier injury had occurred in February 1949, the Insurer contends that the claim 1 filed with the Industrial Accident Board, Art. 8307, § 4a, Rev.Civ. Stat. of Texas, Vernon’s Ann.Civ.St. art. 8307, § 4a, was insufficient to give the District Court jurisdiction over, and to allow recovery for, the injury of January 26, 1954. We do not agree.

Accepting, in this diversity action, the clearly established doctrine that since the trial de novo of a Texas compensation case is that of the…