HARTFORD ACCIDENT & INDEMNITY CO.
v.
BLACK ET AL.

5th Cir. | 1952-03-18
No. 13669
Before HUTCHESON, Chief Judge, and HOLMES and STRUM, Circuit Judges.
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.

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.


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