Rogers v. Modern Brotherhood
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Eon. B. Q-. Thur-. man, Judge. (1) The action of the trial court will not he reversed by an appellate court unless the trial court has, in granting a new trial,. acted arbitrarily or oppressively, or been guilty of an injustice. Kuenzel v. Stevens, 155 Mo. 281; Haven v. Railroad, 155 Mo. 216.
1Opinion of the CourtJohnson, J.
-Action against a fraternal beneficiary association brought by the holder of a benefit certificate to recover indemnity under the following provision: “Should said member while in good standing, accidentally break his leg or arm, he shall receive one-tenth the amount his beneficiary would have been entitled to receive in case of the death of said member.” Plaintiff alleges in his petition that he broke his leg accidentally on the 15.th of August, 1906. The proof shows that the only bone fractured was the heel bone (os Caléis.) A physician introduced as a witness by defendant testified that…
2Cited by8 opinions
- Reno v. HolmesMichigan Supreme Court · 1927
- Joslin v. Aetna Life Insurance Co.Supreme Court of Rhode Island · 1941
- Newman v. Standard Accident InsuranceMissouri Court of Appeals · 1915
- Fellows v. DorseyMissouri Court of Appeals · 1913
- Doullut & Ewin, Inc. v. SeaburySupreme Court of Alabama · 1928
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