United States v. Atchley

BRATTON, Circuit Judge.

This is a suit on a contract of war risk insurance. Plaintiff was honorably discharged in April, 1920, and the only question presented for determination is whether the finding of the trial court that he became totally and permanently disabled prior to discharge and while the policy was in force is clearly wrong. In determining that question the evidence should be viewed in the light most favorable to plaintiff, and all inferences should be drawn in his favor which are fairly deducible from the facts. Lumbra v. United States, 290 U.S. 551, 54 S.Ct. 272, 78 L.Ed. 492;…