United States v. Lesher

KETEBEB, District Judge.

Reversal is sought of judgment on a verdict for plaintiff on an $8,000’ war risk insurance policy claim. It is alleged that the insured became totally and permanently disabled prior to March 31, 1919, by reason of encephalitis lethargua residusu The sole is*54sue is alleged ¡error in overruling defendant’s motion for a directed, verdict.

Under the Seventh Amendment to the Constitution, a jury trial is guaranteed in a civil action; and that it is error to direct a verdict for defendant if there is any substantial evidence is stare decisis.

Tho testimony shows that plaintiff…