United States v. Fly

STONE, Circuit Judge.

This is an action upon a war risk.insurance contract. From a recovery thereon, the government brings this appeal.

The parties agree that the only issue at the trial was whether plaintiff was totally and permanently disabled. The issues presented here are the sufficiency of the evidence to warrant submission to the jury, and the propriety of a portion of the charge to the jury. The appeal has been ably and fairly presented by counsel of both sides.

The major issue here is the sufficiency of the evidence. Departmental regulations, decisions of this court and of other courts,…