Burlington Voluntary Relief Department of Chicago, Burlington & Quincy Railroad v. White
Nebraska Supreme Court
Error from tbe district court of Cass county. Tried below before Chapman, J. Th There was no beneficiary named, and the wife had no right to bring this suit. (Bacon, Benefit Societies & Life Insurance, see. 241, and cases cited; Niblack, Mutual Benefit Societies, see. 166a; Esty v. Clark, 3 Am. Rep. [Mass.], 320, and cases cited.) It was error to instruct the jury that a person could become a member in a manner different from that prescribed by the association.
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Error from tbe district court of Cass county. Tried below before Chapman, J. Th There was no beneficiary named, and the wife had no right to bring this suit. (Bacon, Benefit Societies & Life Insurance, see. 241, and cases cited; Niblack, Mutual Benefit Societies, see. 166a; Esty v. Clark, 3 Am. Rep. [Mass.], 320, and cases cited.) It was error to instruct the jury that a person could become a member in a manner different from that prescribed by the association. (Clevenger v. Mutual Life Ins. Co., 2 Dak., 114; Niblack, Mutual Benefit Societies, sec. ,69.) Retention of premium does not…
1Opinion of the Court
Irvine, C.
There is maintained in connection with the Chicago, Burlington & Quincy railroad and certain allied companies what is called “The Burlington Yoluntary Relief Department,” which is the plaintiff in error. This voluntary association is somewhat in the nature of a mutual benefit society, paying to its members stipulated sums during disability caused by sickness or accident, and paying to designated beneficiaries certain sums upon the death of members. The members are employes of the railroad companies operating the department. The employing railroad company contracts to make up…
2Cases cited1 opinion
- Railway Passenger & Freight Conductors' Mutual Aid & Benefit Ass'n v. LoomisAppellate Court of Illinois · 1892
3Cited by10 opinions
- McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
- Grimbley v. HarroldCalifornia Supreme Court · 1899
- Robinson v. Brotherhood of Railroad TrainmenWest Virginia Supreme Court · 1917
- Lane v. Brotherhood of Locomotive Enginemen & FiremenOregon Supreme Court · 1937
- United States Fidelity & Guaranty Co. v. RidgleyNebraska Supreme Court · 1903
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