United States v. Kane

GARRECHT, Circuit Judge.

Appeal from judgment in favor of plaintiff in action to recover on policy of war risk insurance. The action was instituted by Sam B. Kane, the insured. At the conclusion of plaintiff’s case the government moved for a nonsuit, on the ground that the plaintiff had not made out a prima facie case and that there was m> substantial evidence of total and permanent disability during the life of the *397policy. The motion was denied. After both sides had rested the government moved for a directed verdict on1 the same grounds as the prior motion, and the same ruling had. The…