Clearfield v. Driver Salesmen's Union, Local No. 463

Opinion by

Baldrige, P. J.,

The plaintiff brought this action in assumpsit to recover from the defendant, an unincorporated labor union, certain death benefits alleged to be due her as the beneficiary of Morris Clearfield, her deceased husband.

The defendant denied liability, setting up an affirmative defense that Clearfield had voluntarily withdrawn from active membership. The jury returned a verdict for the plaintiff in the sum of $1300. Motions for a new trial and judgment n. o. v. were refused and this appeal followed.

At the trial plaintiff made out a prima facie case by submitting proof as…