La Marche v. United States

This is a writ of error to review a judgment for the defendant on a verdict directed by the court. The plaintiff in error entered the military service of the United States March 20, 1918, and was honorably discharged at Washington, D. C., July 16,1919. While in the military service he applied for and received the customary war risk insurance policy in the sum of $10,000, which was permitted to lapse *829 on July 31,1919, for nonpayment of premiums. There was testimony tending to show that at the time of his discharge the plaintiff in error was examined by army doctors and was informed that he was suffering from shell shock and that his rating would be 10 per cent. He was then treated for some affliction of the nose, but begged off from further treatment, stating that he felt good and was anxious to return home. Soon after his discharge, he visited his mother at Eau Claire, Wis., for a couple of days. On the trip from Washington and during his visit at Eau Claire, he was in a nervous condition, unable to sleep, and on one occasion fainted while in a store with his mother. His condition was about the same on the trip from Eau Claire to' Parker, Wash., whither he went to resume !his…