United States v. Peet

PHILLIPS, Circuit Judge.

Peet brought this action against the United States on a policy of war risk insurance. Trial by jury was duly waived and the action tried by the court. At the close of the evidence counsel for the United States moved for judgment in its favor upon the ground that the proof wholly failed to establish that Peet became totally and permanently disabled during the life of the policy. The court overruled such motion and entered judgment for Peet.

The evidence, considered in the light most favorable to Peet, established the following facts: He enlisted in the United States army…