Roots v. Brotherhood of Railroad Trainmen

BROWN, Justice.

For convenience, we will refer to the parties in this case as appellant and appellee.

Logan C. Roots, appellant, brought suit in the district court of Grayson county against the Brotherhood of Railroad Trainmen, appellee, on a beneficiary certificate, issued to the appellant, seeking to recover total disability because of the loss of one of his eyes.

Appellee filed a plea in abatement, which was heard by the trial court, was sustained, and appellant’s cause of action dismissed. The appeal'is taken from this action.

We find two assignments of error in appellant’s brief, as follows:

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