Brotherhood of Locomotive Firemen & Enginemen v. Ginther

DISSENTING OPINION

Blume, Justice.

The decision of the majority of the court in sustaining the judgment in the court below is partially based on the holding that the designation of the plaintiff as a later beneficiary of the policy sued on is not a ‘ ‘ change of beneficiary” within the meaning of the provisions of the constitution of the brotherhood relating thereto; but that it is an original designation, and that hence the provisions relating to a change need not be complied with. I cannot concur in that opinion.

The benefit certificate provides: “Should the beneficiary named herein die before…