United States v. Ivey

PHILLIPS, Circuit Judge.

Ivey brought this action against the Unii-ed States on a policy of war risk insurance. *654Trial by jury was duly waived and tbe action tried by the court. At the close of the evidence, counsel for the government moved for judgment in its favor on the ground that the proof wholly failed to establish that Ivey became totally and permanently disabled during the life of the policy. The court overruled such motion, and judgment was entered for Ivey. ■

The evidence, considered in the light most favorable to Ivey, established the following facts. He entered the Army on January…