Cox v. United States

TREANOR, Circuit Judge.

This is an appeal from a judgment for defendant, upon verdict, in a suit brought on a claim for total permanent disability and'death benefits under a war risk insurance contract. The errors relied upon for reversal arise out of rulings on evidence.

The alleged errors related to the action of the trial court in sustaining objections of the defendant to certain proffered evidence. The excluded evidence may be summarized as follows:

1. Testimony of lay witnesses respecting the physical condition of the defendant.

2. Portions of testimony in a deposition of one of plaintiffs’…