United States v. Jones

FOSTER, Circuit Judge. ’

This is an appeal from a judgment entered by the court, after waiver of the jury, awarding a recovery on a policy of war risk insurance. Error is assigned to the denial of a motion to enter judgment for the United States. The question presented for decision is whether there was any substantial evidence to support the judgment.

The facts appearing from the record are these: Appellee, Jones, was discharged from the army on October 31, 1918, for physical disability, diagnosed as neuro circulatory asthenia, and referred to by one of the medical witnesses as “Soldier’s…