FORTENBERRY v. MARYLAND CASUALTY COMPANY

No. 16490.

247 F.2d 702 (1957)

O. J. FORTENBERRY, Appellant, v. MARYLAND CASUALTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

August 13, 1957.


Attorney(s) appearing for the Case

Peery & Wilson and Tom D. Glazner, Wichita Falls, Tex. (Kearby Peery, Wichita Falls, Tex., on appeal only), for appellant.

R. Larry Robinson, Wichita Falls, Tex., Jones, Parish & Fillmore, Wichita Falls, Tex., on the brief, for appellee.

Before RIVES and CAMERON, Circuit Judges, and DAWKINS, Sr., District Judge.


RIVES, Circuit Judge.

This is a workmen's compensation case in which the district court entered judgment notwithstanding the verdict on the ground that appellant had failed to raise a fact issue as to "good cause" for not filing his claim with the Industrial Accident Board within the six months required by Section 4a of Art. 8307, Vernon's Revised Civil Statutes of Texas.1

The appellant sustained an accidental injury to his back...

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