The Brotherhood Of Railway Trainmen v. Walsh

• Decision Date: 21 October 1913
• Docket Number: 13359
• Parties: Brotherhood Of Railroad Trainmen v. Walsh.
• Court: Ohio Supreme Court

103 N.E. 759

89 Ohio St. 15

Brotherhood Of Railroad Trainmen v. Walsh.

No. 13359

Supreme Court of Ohio

October 21, 1913

Regulation of fraternal benefit association - Whereby member suffering total disability of hand, etc. - May receive full amount of beneficiary certificate - Amputation of part of hand not total disability, when.

A regulation of a fraternal beneficiary association, providing that any beneficiary member in good standing who shall suffer the amputation or severance of an entire hand at or above the wrist joint, or who shall suffer the amputation or severance of an entire foot at or above the ankle joint, or who shall suffer the complete and permanent loss of sight of both eyes shall be considered totally and permanently disabled and shall thereby be entitled to receive, upon furnishing sufficient and satisfactory proofs of such total and permanent disability, the full amount of his beneficiary certificate, but not otherwise, does not cover the case of an amputation or severance of only a part of a hand, although the hand is permanently disabled for use in performing any manual service whatever.

The facts are stated in the opinion.

Mr. E Jay Pinney and Messrs. Martin & Martin, for plaintiff in error.

Mr. P J. Higgins and Mr. Chase Stewart, for defendant in error.

NEWMAN J.

Defendant in error brought an action in the common pleas court of Clark county, in which he sought to recover the amount of benefits claimed to be due him as a member of The Brotherhood of Railroad Trainmen, plaintiff in error, which is a fraternal beneficiary association. A demurrer to the amended petition was sustained for the reason that facts sufficient to constitute a cause of action were not stated therein, and the defendant in error not desiring to plead further, final judgment was rendered against him. The circuit court, upon petition in error, reversed the judgment of the common pleas court and remanded the cause with direction that the demurrer be over-ruled.

Defendant in error made his claim for benefits under the following regulation of the association:

"Sec 68. Any beneficiary member in good standing who shall suffer the amputation or severance of an entire hand at or above the wrist joint, or who shall suffer the amputation or severance of an entire foot at or above the ankle joint, or who shall suffer the complete and permanent loss of sight of both eyes, shall be considered totally and permanently disabled and shall thereby be entitled to receive, upon furnishing sufficient and satisfactory proofs of such total and permanent disability, the full amount of his beneficiary certificate, but not otherwise."

The injury on account of which he claimed benefits is described in his amended petition as follows:

"On the thirteenth day of November, 1908, plaintiff was an employe of the D., T. and I. Railway Company as foreman switchman in the yards of said company in Springfield, Ohio and when in the performance of his duty as such employe in coupling cars, had his right hand caught between the bumpers of the cars, and it was thereby so crushed, mangled and broken that it became necessary to amputate the thumb thereof, and the hand from above the wrist joint was then so crushed, mangled broken and severed...