Young v. United States

WILBUR, Circuit Judge,

This action is to recover upon a policy of war risk insurance issued to the appellant. The appellant claims he became totally and permanently disabled before the policy lapsed on September 20, 1929. The trial was by the court without a jury. The new rules of civil procedure in the federal courts were then in effect. At the close of the appellant’s evidence the defendant (appellee) rested and moved for a dismissal on the ground that the plaintiff had not produced sufficient evidence to show that “he was suffering from pulmonary tuberculosis, active, or from any other…