United States v. Rye

BRATTON, Circuit Judge.

This is a suit on a war risk insurance contract. Trial by jury was waived. The court found that plaintiff became totally and permanently disabled on November 10, 1918, while the policy was in force. Judgment was rendered accordingly and the ease came here on appeal.

It is contended that the finding of total and permanent disability is not supported by substantial evidence. A proper motion was interposed at the close of the evidence. That presents the question for review. The burden was upon plaintiff to establish by substantial evidence that he became totally and…