The Providence news. (Providence [R.I.]) 1891-1906, 1898-08-22
Decision Given in Favor
OF Cunningham.
SUED FOR SICK BENEFITS.
The Branch Refused to Settle and a
Suit Followed.
SOME INTERESTING TESTIMONY.

Judge Sweetland In the civil division
of the Sixth District Court judicially
construed the constitution and bylaws
Of John Boyle OReiliy branch of the
Order of Irish National Foresters diff
ferently from the lodge officers, and ac-
cordingly gave John Cunningham de-
cision against the branch for $39. that
being the amount of Is weeks half BEN
efits. Mr.. Cunningham was also award
ed his costs.
The first evening in September Mr..
Cunningham. while trying to assist a
friend, who had been too lavishly en-
tertained by some visitors. into his
home, fell and broke three ribs. Mr..
Cunningham summoned a doctor. or at
least his neighbors did. and, as he was
a member of the John Boyle O'Reilly
branch of the Order Of Irish National
Foresters. his illness was In due time
referred to them and a woodward sent
to see him. The second Sunday in Feb
ruary a receipt was taken from Mr..
Cunningham by the treasurer OF the
society. and on March IA he was ex-
PEELED According to the constitution
and bylaws he could claim IL weeks
allowance at s. week and IL weeks
allowance at 50 a week. There was a
section in the bylaws that states no
member shall. while in receipt Of sick
benefits, leave his home between April
and October before a. m. or after
p. M, and between October and April
before 6 a. m. and after p. m, and
there are some more words in the Sec
ton, and then IL states unless he shall
leave word where he had gone"
Mr.. Cunningham in his testimony
gave details as to how he received his
In a IN a rr1an nf a
der and as visits made to society off,
GERS TO get his money. On cross-ex-
animation he denied that he was out
after the hours named in the bylaws,
except In December. when he was
searching for the officers OF the organi-
zation. Once he met one of them and
stood talking with him on Westminster
street.
Officers of the organization, includ-
ing the woodward and members OF the
arbitration committee. testified to see-
ing Cunningham out after hours.
Members of the arbitration committee
testified the plaintiff had acknowledged
being out after the hours named In the
constitution and bylaws. The wood
ward gave a description of the many
officers that had to be seen before Cum
ningham could get his money.
DIR. Charles O'Leary testified he at
tended Cunningham, and the latter had
ulSreEarueu MS auVlce 10 go 10 the HOS
pital The plaintiff did go to the hos
pital after five weeks had elapsed, and
the doctor thought this delay had
caused him to be troubled with the evil
effects much longer than was really
necessary. He said Cunningham did
not get proper care in his home.
Cunningham was recalled and said
the only time he was away from his
home after hours was when he was
looking for the money due on his sick
benefits, OF which he stood In need. He
claimed the officers of the organization
were not as prompt in looking after his
needs as they should have been.
Judge Sweetland, when the testimony
was all in, said he believed the provi-
sion regulating the hours must be taken
as limited by the statement without
leaving word where he was gone. His
honor said the organization was COM
posed of workingmen, and the provi-
sion was made so as to enable the
woodwards to find without too much
difficulty the man who was in need OF
the money they had for him. In the
absence OF any testimony to show that
Mr.. Cunningham had retarded his rec
covery. Judge Sweetland decided he
was entitled to Judgment.