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EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN v. BLUNT

No. 15500.

227 F.2d 312 (1955)

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Appellant, v. Bill G. BLUNT, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 27, 1955.

Attorney(s) appearing for the Case

Fred K. Newberry, Royal H. Brin, Jr., and Hobert Price (of Strasburger, Price, Kelton, Miller & Martin), Dallas, Tex., for appellant.

John W. Hardy, Harold B. Clapp, Tyler, Tex., for appellees.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

PER CURIAM.

Appealing from a judgment on a verdict entered in a Texas Workmen's Compensation suit, the defendant is here insisting that the court erred in refusing to try1 the tendered issue, whether plaintiff gave the required thirty day notice of his claimed injury as required by law, and that the judgment must be reversed. We agree.

Here the appellee defends the action of the court by reference to Art. 8307b Vernon's Civil Statutes...

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