Locomotive Engineers Mutual Life & Accident Ass'n v. Vandergriff

Appellee, George W. Vandergriff, sued (lie appellant Association to recover under the terms of a policy which insured him in the sum of $4,500 against “total and permanent loss of sight in one or both eyes where there is no vision beyond mere light perception.” Appellee recovered the amount sued for and this appeal follows.

The first contention made for reversal is that the suit was prematurely brought. This contention is based upon a provision of the by-laws of the Association providing in substance that where proof of permanent loss of sight is made it shall be upon a form furnished by the…