United States v. Fairbanks

GARRECHT, Circuit Judge.

This is an appeal from a judgment of the trial court in favor of the plaintiff on a policy of war risk insurance. Pursuant to stipulation filed, the cause was tried to a court without a jury and findings of fact and conclusions of law were made and entered.

Frank R. Fairbanks, plaintiff-appellee, enlisted in the United States Army October 5, 1917, at Fort Benton, Mont., and went to France with his company. On’ July 19, 1918, he was wounded by explosive machine gun bullets at the battle of the Somme near Soissons, Chateau Thier-ry, while engaged in certain extrahazardous…