Boling v. Norfolk & Western Ry. Co.

After having listened carefully to the evidence and argument of counsel, I am ready to pass upon the motion to direct a verdict for the defendant.

Plaintiff while employed by defendant entered into a contract whereby he became a member of the relief fund maintained by the defendant and its employees. This fund, which is purely voluntary, was open to employees of the defendant, no employee being required to become a member, and a member being permitted to withdraw from the fund. This relief department and fund, while in the nature of a mutual benefit society is not classified as insurance…