Legal Opinion

Burt Williams v. The Aetna Casualty & Surety Company

Court of Appeals for the Fifth Circuit

Decided December 26, 1956No. 16174PublishedCited by 1 opinion

1Opinion of the Court

TUTTLE, Circuit Judge.

This is an appeal from a judgment entered notwithstanding the verdict in a Texas workmen’s compensation case in which the critical question is whether the injured employee had good cause for failing to file a claim within the six months statutory period.

The suit filed by appellant alleged that he was injured on May 5, 1950. His claim was not filed with the Industrial Accident Board until September 7, 1954. Under the Texas law such a claim is required to be filed within six months, but it also provides: “For good cause the board may, in meritorious cases, waive the strict…

2Cases cited4 opinions

  1. Hawkins v. Safety Casualty Co.Texas Supreme Court · 1948
  2. American Motorists Ins. Co. v. BoortzCourt of Appeals for the Fifth Circuit · 1952
  3. Bennett v. Great American Indemnity Co.Court of Appeals for the Fifth Circuit · 1947
  4. National Automobile and Casualty Insurance Company v. L. E. ShawverCourt of Appeals for the Fifth Circuit · 1955

3Cited by1 opinion

  1. Fed. Sec. L. Rep. P 94,430 Marion Murtagh and William Joseph Powell v. University Computing Company, a Texas CorporationCourt of Appeals for the Fifth Circuit · 1974

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