Brotherhood of Locomotive Firemen & Enginemen v. Aday
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT 4Y THE COURT. This suit is on a benefit certificate for $1,500, numbered A-92592, taken out by appellee, a fireman, in the Brotherhood of Locomotive Fireman & Enginemen, when he joined the brotherhood in 1902. He went delinquent in 1906, but was reinstated, •and it was alleged that while he was a member in good standing upon the books of the grand lodge his left hand became permanently paralyzed, which…
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Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT 4Y THE COURT. This suit is on a benefit certificate for $1,500, numbered A-92592, taken out by appellee, a fireman, in the Brotherhood of Locomotive Fireman & Enginemen, when he joined the brotherhood in 1902. He went delinquent in 1906, but was reinstated, •and it was alleged that while he was a member in good standing upon the books of the grand lodge his left hand became permanently paralyzed, which permanently and totally disabled or incapacitated him from performing all manual labor, which by the terms of his beneficiary…
1Opinion of the Court
Kirby, J.,
(after s-tatin-g the facts). It is contended first that, if appellant had permanent paralysis of his hand, it was not “permanent paralysis of either extremities,” within the meaning of the constitution of the -order; second, that he was not thereby “permanently and totally disabled or incapacitated from performing all manual labor” and entitled to the amount of his beneficiary certificate; third, that the court erred in giving a peremptory instruction in favor of plaintiff.
The contract, and constitution relating to it, should be construed according to the plain and obvious meaning…
2Cases cited3 opinions
- Industrial Mutual Indemnity Co. v. HawkinsSupreme Court of Arkansas · 1910
- American Bonding Co. v. MorrowSupreme Court of Arkansas · 1906
- Title Guaranty & Surety Co. v. Bank of FultonSupreme Court of Arkansas · 1909
3Cited by18 opinions
- Aetna Life Insurance Co. v. SpencerSupreme Court of Arkansas · 1930
- Hurley v. Bankers Life Co.Supreme Court of Iowa · 1924
- Marchant v. New York Life InsuranceCourt of Appeals of Georgia · 1930
- Metropolitan Casualty Ins. v. CatoMississippi Supreme Court · 1916
- Mutual Benefit Health & Accident Ass'n v. BirdSupreme Court of Arkansas · 1932
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