Walker v. United States

SIBLEY, Circuit Judge.

Robert DeWitt Walker, after having cerebro-spinal meningitis in the army, was discharged Dec. 23, 1918, and he allowed his war risk insurance to lapse the next month. He first made claim thereon Nov. 1, 1930, and the claim was denied Aug. 24, 1931. His suit, filed April 29, 1932, was tried to a jury on its merits in 1941. The verdict was against him. He appeals from the resulting verdict.

Walker made no motion for a verdict. Therefore we have no duty to appraise the evidence. Luke v. United States, 5 Cir., 84 F.2d 823. We have, however, satisfied ourselves that it…