Nelson v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Ferguson, J., at March Term, 1911, of Pitt. This is an action to recover benefits, which the plaintiff alleges he is entitled to finder the rules and regulations of the relief department of the defendant. The plaintiff, an employee of defendant, became a member of the relief department on 28 June, 1902, and paid his dues, amounting to $6.15, up to 6 September, 1902, when he was accidentally injured.
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Appeal from Ferguson, J., at March Term, 1911, of Pitt. This is an action to recover benefits, which the plaintiff alleges he is entitled to finder the rules and regulations of the relief department of the defendant. The plaintiff, an employee of defendant, became a member of the relief department on 28 June, 1902, and paid his dues, amounting to $6.15, up to 6 September, 1902, when he was accidentally injured. After his injury he was paid, as benefits on account of his disability to work, $1 per day for twelve months, and thereafter 50 cents per day up to 15 May, 1905, making a total of…
1Opinion of the Court
AlleN, J\,
after stating the case: The question involved in this case is of general importance, and the principle announced will determine, in this State, the right of all benefit societies and fraternal orders, which provide for the payment of benefits to sick or disabled members, to establish, within the society or order, some tribunal with power to investigate the fact upon which the right to the benefit may depend, and whose decision shall be final, unless impeached for fraud.
We cannot declare that the decision of such a tribunal is binding upon a member who belongs to a fraternal order,…
2Cases cited15 opinions
- Holmes v. RichetCalifornia Supreme Court · 1880
- Anacosta Tribe, No. 12 v. MurbachCourt of Appeals of Maryland · 1859
- Osceola Tribe, No. 11 v. SchmidtCourt of Appeals of Maryland · 1881
- Hood v. HartshornMassachusetts Supreme Judicial Court · 1868
- Van Poucke v. Netherland St. Vincent De Paul SocietyMichigan Supreme Court · 1886
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3Cited by9 opinions
- In Re Arbitration Between Astoria Medical Group & Health Insurance PlanNew York Court of Appeals · 1962
- Livingston v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1935
- In Re the Arbitration Between Gantt & Felipe Y Carlos Hurtado & Cia., Ltda.New York Court of Appeals · 1948
- Robinson v. Brotherhood of Railroad TrainmenWest Virginia Supreme Court · 1917
- Cordell v. . Brotherhood, Locomotive FiremenSupreme Court of North Carolina · 1935
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