United States v. Hill

NETERER, District Judge.

Prom a judgment after alleged erroneous denial of a motion for a directed verdict on the ground that the evidence was insufficient to sustain a verdict, appellant appeals.

The appellee was enlisted in the army in September, 1917, and thereafter received a $10,000 war-risk insurance policy and was *652discharged on the 4th day of April, 1919, claiming total and permanent disability prior thereto. No premiums were paid on the policy after discharge.

The burden of proof was upon the appellee to show by a fair preponderance of the evidence that he was thus totally and…