21 Pa. Super. 507 | Pa. Super. Ct. | 1902
Opinion by
The plaintiff brought suit to recover |200 from the defendant association under a certificate of membership which provided that in case of an accident he should receive, at the rate of $25.00 a week, not exceeding fifty-two weeks, for the time he was suffering and disabled from the accident. No question is raised as to the standing of the plaintiff in the association at the time the accident occurred. A proper claim was made and the liability of the company was denied. The accident occurred on April 26, and the defendant company was notified on April 30, which notice was soon followed by a personal visit of the claimant to the office of the company, where he met the secretary, the president, and an officer called grand councilor, who notified him that the company was not liable, for the reason that he had voluntarily withdrawn or thrown himself from the bicycle on which he was riding at the time he received his injury, and that it was not an accident; and for a further reason that he did not look and listen, or dismount from his wheel, before attempting to cross the railroad track. After he had been informed of the decision against his claim, he inquired “ if there was anything further to do,” and was told that he could appeal, but that it would not be of any advantage to him to do so, as the appeal would be heard by the same parties who had that day disposed of his claim. This is a mutual benefit society, and its by-laws are a part of the contract made with its members and binding on all, whether officers or not. It is of first importance that they should he enforced, so as to give effectual insurance to each member on equal terms, con
It is not necessary to consider the other assignments of error, and for the reason given, the judgment is reversed.