United States v. Caldwell

WOOLLEY, Circuit Judge.

This is a suit on a lapsed war risk policy of insurance brought under the Wax Risk Insurance Act, 40 Stat. 409, and World War Veterans’ Act 1924, § 5, as amended by Act July 3, 1930, 38 USCA § 426, by a soldier who, with the insurance in force, was wounded in battle, sustaining disability which he claims is total and permanent. The government, regarding his disability as partial, moved for a directed verdict in its favor. The court, denying the motion, submitted the *201caso and the jury rendered a verdict for the plaintiff. The government appealed from the judgment that…