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GREENWALL v. UNITED STATES

No. 10102.

76 F.2d 713 (1935)

GREENWALL v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

March 30, 1935.

Attorney(s) appearing for the Case

C. E. Wright, of El Dorado, Ark. (Wade Kitchens, of Magnolia, Ark., and J. K. Mahony and H. S. Yocum, both of El Dorado, Ark., on the brief), for appellant.

John E. Harris, Asst. U. S. Atty., of Ft. Smith, Ark. (Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D. C., Wilbur C. Pickett, Sp. Asst. to Atty. Gen., Young M. Smith, Atty., Department of Justice, of Washington, D. C., and Clinton R. Barry, U. S. Atty., of Ft. Smith, Ark., on the brief), for the United States.

Before WOODROUGH and FARIS, Circuit Judges, and DONOHOE, District Judge.

DONOHOE, District Judge.

The question for determination is whether there was substantial evidence introduced in behalf of the plaintiff to support the verdict of the jury. The trial court took the view that the evidence was not sufficient, and instructed a verdict for the defendant. The case involves a war risk insurance contract. The claim of the plaintiff is that he became totally and permanently disabled within the term of the insurance, which term expired on the...

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