Legal Opinion

Estes v. Brotherhood of Railroad Trainmen

Supreme Court of South Carolina

Decided March 27, 1911No. 7835Published

Before Aldrich, J., Charleston, April, 1910. Action by Mattie V. Estes against Brotherhood of Railroad Trainmen. Defendant appeals. cite: Refused to charge there was no evidence of wavier and saying when so refusing he could point out such evidence was error: 72 S. C. 361; 74 S. C. 135; 79 S. C. Ill; 80 S. C. 140; 78 S. C. 395; 81 S. C. 548. What is wavier? 84 S. C. 97; 81 S. C. 156. If warranted answers are not true policy is void: 28 S. C. 439; 77 S. C. 191; 80 S. C. 395;…

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Before Aldrich, J., Charleston, April, 1910. Action by Mattie V. Estes against Brotherhood of Railroad Trainmen. Defendant appeals. cite: Refused to charge there was no evidence of wavier and saying when so refusing he could point out such evidence was error: 72 S. C. 361; 74 S. C. 135; 79 S. C. Ill; 80 S. C. 140; 78 S. C. 395; 81 S. C. 548. What is wavier? 84 S. C. 97; 81 S. C. 156. If warranted answers are not true policy is void: 28 S. C. 439; 77 S. C. 191; 80 S. C. 395; 61 S. C. 342; 83 S. C. 239. Brror may be committed by remarks of Judge: 73 S. C.-383; 80 S. C. 387. Any expression of…

1Opinion of the Court

The opinion- of the Court was delivered by

Mr. Justice Woods.

John E. Estes became a member of the Brotherhood of Railroad Trainmen on the 26th day of January, 1907, and died on the 20th day of June, 1907. The Brotherhood issued to him a benefit certificate in what was known as “Class B,” which provided for the payment on his death of the sum; of $1,000 to his wife Mattie V. Estes. Upon the death of Estes his widow brought this action to recover the sum of $1,000 under the certificate. The Brotherhood set up as a defense the following provision of the by-laws which were expressly made a part of…

2Cases cited3 opinions

  1. Spann v. Phœnix InsuranceSupreme Court of South Carolina · 1909
  2. Burns v. GoddardSupreme Court of South Carolina · 1905
  3. Stouffer v. ErwinSupreme Court of South Carolina · 1908

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