United States v. Haywood

HUTCHESON, Circuit Judge.

Another war risk case in which appellee has had a verdict, and the government claims the evidence insufficient to sustain it, this case turns on whether the injury to the foot from which chronic osteomyelitis developed is, on the record, a total and permanent disability. The evidence does establish that appellee is and has been incapacitated from performing heavy manual labor which requires the constant use of his foot. It proves no more. Hindered by his wound in getting about and in doing his work, he has not been totally disabled by it. With the help of friends and…