Texas Employers Ins. Ass'n v. Marsden
| Decision Date | 18 March 1936 |
| Docket Number | No. 1603-6487.,1603-6487. |
| Parties | TEXAS EMPLOYERS INS. ASS'N v. MARSDEN. |
| Court | Texas Supreme Court |
This suit is by defendant in error, D. E. Marsden, to set aside an award of the Industrial Accident Board allowing hernia benefits under subdivision 4, § 12b of the Workmen's Compensation Act, Revised Statutes 1925 (article 8306). The trial court upon a jury trial rendered judgment in favor of the claimant. The Court of Civil Appeals affirmed the judgment; Chief Justice Hickman dissenting, 57 S.W.(2d) 900, 903.
It is pointed out in the dissenting opinion that the question presented is the exact question that was before the Supreme Court in Tally v. Texas Employers' Insurance Association, 48 S.W.(2d) 988, to wit, that the award of the board requiring an operation for hernia was not final as respects the jurisdiction of the trial court to set it aside upon appeal.
The award shows upon its face that the amount of compensation finally to be awarded is wholly dependent on certain contingencies, and is substantially identical with the award set out in the opinion in the Tally Case, supra. The statement in the dissenting opinion is correct that the holding of the Commission of Appeals in that case "was necessarily approved by the Supreme Court, which entered its judgment reversing the judgments of the trial court and the Court of Civil Appeals and dismissing the cause." The personnel of the Supreme Court as then constituted was Chief Justice Cureton, and Justices Greenwood and Pierson. In a recent opinion the Supreme Court in Texas Employers' Insurance Association v. Lemons, 83 S.W.(2d) 658, Justice Critz speaking for the court as presently constituted, referred with approval to the Tally Case, and has this day adopted the opinion of the Commission in Petroleum Casualty Company v. Webb, ...
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Federal Underwriters Exchange v. Guest, 1901.
...Federal Underwriters Exchange to support its contention that said award is not final and, hence, not appealable. Texas Emp. Ins. Ass'n v. Marsden, 127 Tex. 84, 92 S.W.2d 237; Petroleum Cas. Co. v. Webb, 127 Tex. 91, 92 S.W.2d 236; Tally v. Texas Emp. Ins. Ass'n, Tex.Com.App., 48 S.W.2d 988;......
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Texas Employers' Ins. Ass'n v. Marsden, 1732.
...appellee. GRISSOM, Justice. This is a workmen's compensation case. It was before this court and the Supreme Court on a former appeal. See 57 S.W.2d 900, and 127 Tex. 84, 92 S.W.2d 237. The appellant filed suit to set aside the award of the Industrial Accident Board. Appellant's petition con......
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The National Mut. Casualty Co. v. Lowery
...be harmonized with the decisions in Tally v. Texas Employers' Insurance Ass'n, Tex.Com.App., 48 S.W.2d 988; Texas Employers' Insurance Ass'n v. Marsden, 127 Tex. 84, 92 S.W.2d 237, and other decisions following them to the same effect. According to those decisions the power of the Industria......
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Texas Employers Ins. Ass'n v. Shackelford
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