Mooney v. Brotherhood of Railroad Trainmen

Since our decision of this case, the Supreme Court of the United States has filed its opinion in Modern Woodmen of America v. Mixer, 267 U.S. 544, 45 Sup. Ct. 389, 69 L. ed. 506. The question involved is such that the rule of that court is controlling. It requires a reversal of this case and in consequence, the original opinion, so far as inconsistent with that result, is withdrawn.

The by-law sustained in the Mixer case was in purpose and effect identical in nature with that involved here and was adopted after the making of the insurance contract upon which recovery was sought. The by-law had…