Maynard v. Locomotive Engineers' Mutual Life & Accident Insurance

Bartch, J.:

At the trial of this cause, the defendant objected to the introduction of any evidence, on the ground that the amended complaint did not state a cause of action. The objection was overruled, and the action of the court is ¿assigned as error, and raises the most important question in the case, which is whether the plaintiff has a right to recover, under the defendant’s by-law in force at the time he received the injury of which he complains, the same having been amended before the cause of action became complete. The by-law in question reads as follows: “Any member, while engaged in…