United States v. Jones

HUTCHESON, Circuit Judge.

Assigning one error, the failure of the trial court to instruct a verdict for it, the United States is here in a war risk ease urging that the judgment may not stand.

Based on a varicose condition of his left leg which has manifested various degrees of intensity during the thirteen years since he left the Army with it, the suit affirms that its disabling effects are total and permanent. The defense denies that they are. On this issue considerable testimony was taken.

For five or six years before the war, appellee had suffered from a varicose condition which, though it…