United States v. Martin

HUTCHESON, Circuit Judge.

Martin, suing upon a war risk insurance policy, obtained a verdict finding that on October 23, 1918, he became totally, and permanently disabled. Prom the judgment entered on this verdiet the United States appeals, assigning as error the refusal of its request for an instructed verdiet. Appellant insists here that the evidence of plaintiff and his witnesses, viewed in the light most favorable to plaintiff’s cause, does not permit of the conclusion that he was totally disabled.

We agree fully with appellee that under the settled law applicable to contracts of this kind…