United States v. Timmons

SIBLEY, Circuit Judge.

This is an appeal from a recovery on a war risk insurance policy for a total and permanent disability, the errors assigned being a refusal to direct the verdict and a refusal to admit in evidence a Veterans’ Hospital medical report. The appellant has died pending the appeal, and his executrix has been substituted. The evidence is abundant but not seriously conflicting. The insured, Ivey Preston Timmons, was honorably discharged from the army June 25, 1919, aged twenty-five years. While in the army he had influenza and double pneumonia, and infected tonsils ending in…