Gilmore v. Knights of Columbus

• Decision Date: 14 June 1904
• Citation: 58 A. 223,77 Conn. 68
• Court: Connecticut Supreme Court
• Parties: GILMORE v. KNIGHTS OF COLUMBUS.

58 A. 223

77 Conn. 68

GILMORE

v. KNIGHTS OF COLUMBUS.

Supreme Court of Errors of Connecticut.

June 14, 1904.

Appeal from Superior Court, New London County; Alberto T. Roraback, Judge.

Action by Mary A. Gilmore against the Knights of Columbus to recover the amount of a death benefit. From a judgment for plaintiff, defendant appeals. Reversed.

James E. McConnell, for appellant.

Abel P. Tanner and Herbert W. Ratbbun, for appellee.

TORRANCE, C. J. The defendant is a fraternal benefit society organized under the laws of this state, of which, in his lifetime, Dennis W. Gilmore, now deceased, was an insurance member. To him it issued what is called an "endowment voucher," entitling his beneficiary, conditionally, upon Gilmore's death, to the sum of $1,000. The plaintiff is his beneficiary, and brought this suit to recover that sum. The defendant refused to pay on the ground that Gilmore, at the time of his death, was engaged in the occupation either of freight brakeman or of switchman, contrary to the rules of the society, and that by reason thereof nothing was due to the plaintiff.

It appeared by the evidence that Gilmore became a member of the defendant society in November, 1899. At that time its by-laws put the occupation of freight brakeman in the list of occupations known as "extrahazardous," but the occupation of switchman was not then in that list. In June, 1900, the bylaws of the defendant were amended so as to include the occupation of switchman in the list of extrahazardous occupations. One of the important questions in the trial below was whether Gilmore was affected by that amendment. The defendant had offered evidence tending to show that at the time of his death Gilmore was engaged in the occupation either of freight brakeman or of switchman, and that he began such occupation about March 1, 1901, and was killed while engaged therein in the month of April, 1901. The defendant, in effect, asked the court to charge the jury that if they found that Gilmore, at the time of his death, was engaged in the occupation of switchman, their verdict should be for the defendant The court refused to so charge, and, on the contrary, charged, in effect, that the amendment did not affect Gilmore. The only errors assigned upon this appeal are that the court erred in refusing to charge as requested, and in charging upon the point in question as it did.

The application made by Gilmore at the time he was admitted to membership was laid in evidence, and it contained, among others, the following provisions: "That if I engage in any occupation which shall be deemed extrahazardous, or prima facie extrahazardous, by the board of directors or their successors, I shall hereby forfeit my membership in the order together with all payments made by me." "That I shall conform to and abide by the constitution, by-laws, rules and regulations, of said order, and of any council thereof, of which I may at any time be a member, which may now be in force, or which may at any time hereafter be adopted by the proper authorities, or submit to the penalty now or hereafter provided for the breach or violation of such constitution, by-laws, rules or regulations." It also contained a statement that his occupation was that of fireman. He was then a fireman in a mill. The endowment voucher was also laid in evidence, and it contained, among others, the following statement relating to Gilmore: "He is therefore, by these presents and by virtue of the laws and rules of the order, hereby declared to be possessed of all the advantages and responsibilities imposed by said or future laws or rules thereof, during his continuance of legal membership therein."

Certain parts of the by-laws of the defendant were also laid in evidence, containing, among others, the following provisions:

"Sec. 196. No person shall be admitted as an insurance member of the order or he or his beneficiaries receive any benefits therefrom, whose occupation is extrahazardous, or prima facie extrahazardous, or is deemed by the board of directors to be extrahazardous, or prima facie hazardous.

"Sec. 197. Any insurance member who shall thereafter engage in any occupation deemed prima facie extrahazardous by the board of directors shall ipso facto forfeit his membership in the order, and his beneficiaries have no claim against the order for death...