Benefit Ass'n of Railway Employees v. Vardaman

CARR, Presiding Judge.

This is the second appeal of this cause, 36 Ala.App. 411, 57 So.2d 122.

After remandment the complaint was not amended in any manner. The defendant filed only the general issue.

The evidence at the second trial did not vary substantially from that at the first trial.

The material allegations of the complaint are set out in the former opinion.

Without dispute in the evidence the appellee did not give written notice of his illness within ten days after the commencement of disability, that is from March 2, 1948.

At the trial of the case at bar the court charged the jury:

“In…