United States v. Worsley

McDERMOTT, Circuit Judge.

Again we examine a record for the single purpose of ascertaining whether the trial court should have directed a verdict for the government in a suit on a war risk insurance policy. The claim is for total and permanent disability; the critical date, December 31, 1919.

The plaintiff was thirty years old when he enlisted in August, 1918; he had an eighth grade education and was in good health. Just prior to enlistment he had worked five years steadily for an electric railroad company. Shortly after enlistment he contracted a cold in the head, which settled in the ear.…