Brotherhood of Railroad Trainmen v. Powers

Opinion op the Court by

Stanley, Commissioner—

Beversing.

The appellee, Starling E. Powers, sued the appellant upon a class G certificate of insurance for $5,000, alleging total and permanent disability, and recovered judgment for that sum. Proofs had been filed and claim made for indemnity or allowance under section 70 of the constitution of the brotherhood, and the suit originally sought recovery under that section, the pleadings were extended, and in one of the amended petitions it was alleged that the plaintiff had suffered the complete loss of sight of both eyes, which is a condition stated…