United States v. Hainer

WILBUR, Circuit Judge.

The government appeals from a judgment upon a war risk insurance policy based upon the alleged permanent and total disability of the plaintiff occurring on or before, and continuing after, July 31, 1919. The error assigned is the refusal of the trial .court to direct a verdict in favor of the government.

There was substantial evidence that at the tima of the trial, and as early as Oeto-ber 7, 1930, the plaintiff was suffering from severe bronchial asthma associated with tremendous difficulty in breathing, particularly on the slightest exercise. Dr. Staub testified, “He…