Title: 

Commercial Standard Ins. Co. v. Hayes

Date: 

September 11, 1940

Citation: 

135 Tex. 288

Court: 

Status: 

Published Opinion

No History

Table of Contents

Supreme Court of Texas.

COMMERCIAL STANDARD INS. CO.

v.

HAYES.

No. 25092.

|

Sept. 11, 1940.

Attorneys & Firms

*288 **897 Buck & Knapp and John Snyder, all of Fort Worth, for plaintiff in error.

George C. Kemble and S. Landford Carlton, both of Fort Worth, and Lillard & Gibbons, of Oklahoma City, Okl., for defendant in error.

Opinion

PER CURIAM.

The application for writ of error in this case is refused, because we are of the opinion that there was sufficient evidence to raise an issue of fact as to ‘good cause’ for failure to file claim with the Industrial Accident Board within the statutory period, and the trial court should not have instructed a verdict on that ground. We expressly do not approve the holding of the *289 Court of Civil Appeals on the ground that a minor is not required to file claim with the Board within the statutory period.