BENEFIT ASSOCIATION OF RAILWAY EMP. v. CASON

No. 7304.

346 S.W.2d 670 (1961)

BENEFIT ASSOCIATION OF RAILWAY EMPLOYEES, Appellant, v. James Edwin CASON, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied May 30, 1961.


Attorney(s) appearing for the Case

Donald Carroll, Ramey, Brelsford, Hull & Flock, Tyler, for appellant.

Jack Y. Hardee, Athens, for appellee.


CHADICK, Chief Justice.

This is a suit on an indemnity insurance contract to enforce collection of benefits accruing as the result of a physical injury to the assured. The judgment granting the recovery is reversed and the case is remanded for new trial.

The appellee, James Edwin Cason, founds his action on the provisions of part IV of the policy issued by the appellant, Benefit Association of Railway Employees. This division of the contract contains the principle...

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