HICKS v. GEORGIA CASUALTY CO.

No. 6550.

63 F.2d 157 (1933)

HICKS v. GEORGIA CASUALTY CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 8, 1933.


Attorney(s) appearing for the Case

Elton Cruse, of Beaumont, Tex., for appellant.

Hobart Price, of Dallas, Tex., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

This appeal presents the sole question whether plaintiff's evidence in a suit under the Texas Workmen's Compensation Act for a hernia made a case for the jury. The District Judge thought it did not. When plaintiff rested his case, he instructed a verdict for the defendant.

The fact that plaintiff has a hernia is not disputed, nor does appellee seriously question that it appeared at about the time that plaintiff claims it did. Its...

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