Pool v. Brotherhood of Railroad Trainmen

COOPER, C.

At the close of plaintiff’s testimony the court granted a nonsuit, and judgment was entered for defendant. This appeal is from the judgment.

The action was brought to recover twelve hundred dollars claimed to be due plaintiff on a benefit certificate issued by defendant, an unincorporated fraternal and mutual benefit association, of which plaintiff was a member, for a total and permanent disability, caused by an injury to plaintiff’s spine, received in the course of his employment.

Plaintiff’s right to recover must be measured by his contract, which must be read with the constitution…