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KOOKER v. BENEFIT ASS'N OF RAILWAY EMP.

Civ. No. 9172.

246 N.W.2d 743 (1976)

Richard B. KOOKER, Plaintiff, Appellee, v. BENEFIT ASSOCIATION OF RAILWAY EMPLOYEES, a corporation, Defendant, Appellant.

Supreme Court of North Dakota.

November 5, 1976.

Attorney(s) appearing for the Case

Hjellum, Weiss, Nerison, Jukkala & Vinje, Jamestown, for defendant and appellant; argued by Gerald W. Jukkala, Jamestown.

MacKenzie & Jungroth, Jamestown, for plaintiff and appellee; argued by James R. Jungroth, Jamestown.

SAND, Justice.

This is an appeal by the defendant, Benefit Association of Railway Employees, from a judgment entered pursuant to a jury verdict in the district court of Stutsman County, North Dakota, ordering benefit payments to be made to the plaintiff, Richard B. Kooker, as being totally disabled under the terms of the accident insurance policy. The sole issue on appeal is whether or not the trial court erred by giving a certain instruction to the jury.

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