Estes v. Brotherhood of Railroad Trainmen
Supreme Court of South Carolina
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
- Spann v. Phœnix InsuranceSupreme Court of South Carolina · 1909
- Burns v. GoddardSupreme Court of South Carolina · 1905
- Stouffer v. ErwinSupreme Court of South Carolina · 1908