HARTFORD ACCIDENT & INDEMNITY CO.
v.
BLACK ET AL.
HARTFORD ACCIDENT & INDEMNITY CO.
BLACK ET AL.
194 F.2d 1005
Court of Appeals for the Fifth Circuit (1952)
Positive Treatment
Cited by 3 cases
Opinion of the Court
HOLMES, Circuit Judge.
After careful consideration of appellant’s second petition for rehearing, we are of the opinion that it should be denied. So far as the merits of this case are concerned, it is not material whether the appellee’s injury occurred on October 2, 1948, or October 19, 1948. The actual date is important solely on the jurisdictional issue, that is, solely, to determine whether notice of the accident was timely given. This issue as to notice is entirely separate and distinct from each and every issue on the merits. The petition is denied. Cf. Garcia v. Garza, Tex.Civ.App., 161 S.W. 2d 297; Fielder v. Houston Oil Co., Tex.Com.App., 210 S.W. 797.
Denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Corn v. Guam Coral Co., Inc., 318 F.2d 622 (9th Cir. 1963)
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McCLANAHAN v. State OF La., 399 F.2d 695 (5th Cir. 1968)
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Wooten v. Bomar, 266 F.2d 27 (6th Cir. 1959)