Boyko v. United States

JOHNSON, District Judge.

Plaintiff brought an action to. recover upon a contract of war risk insurance on the ground that he became permanently and totally disabled from tuberculosis on April 1, 1919. The case was tried before the court and a jury and a verdict rendered that the plaintiff became totally and permanently disabled On June 2, 1919. The government filed a motion for a new trial.

Plaintiff’s evidence showed that prior to going into the army he was never sick and worked regularly as a mule driver in the mines; that he went into the army in 1917 and while at camp was sick with…