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UNITED STATES v. GODFREY

No. 2519.

47 F.2d 126 (1931)

UNITED STATES v. GODFREY.

Circuit Court of Appeals, First Circuit.

February 11, 1931.

Attorney(s) appearing for the Case

Mary Connor Myers, of Washington, D. C. (Frederick H. Tarr, U. S. Atty., and John Laurence Hurley, Sp. Asst. to U. S. Atty., both of Boston, Mass., and J. Frank Staley and W. Clifton Stone, both of Washington, D. C., on the brief), for the United States.

George C. Sweeney, of Gardner, Mass., for appellee.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

ANDERSON, Circuit Judge.

The single question presented by this appeal is whether the District Court erred in accepting the verdict of the jury, that Harry G. Godfrey was permanently and totally disabled prior to July 31, 1919, when his policy lapsed. Godfrey enlisted April 18, 1918; at the front, in France, shortly before the Armistice (November 11, 1918), he had an attack of influenza, and received a dose of old chlorine gas in a cellar hole. He then started to cough...

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