Witmer v. United States

DAVIS, Circuit Judge.

In a suit on a yvar risk insurance policy, the plaintiff, Witmer, recovered judgment in the sum of $5,757 against the government on a verdict of a jury. From this judgment the government has appealed.

The government contends that the District Court committed two errors, one by denying its motion for a directed verdict and the other by permitting an expert witness to testify that in his opinion the plaintiff was totally and permanently disabled in 1920.

Both of these contentions may be disposed of by a careful consideration of the merits of the case. Even though we may…