Blackburn

This is an appeal by the government from a judgment in favor of the plaintiff on a policy of war risk insurance. Error is assigned in the admission of evidence and in the refusal of the court to direct a verdict in favor of the appellant at the dose of all the testimony.

John R. Blackburn, since deceased, enlisted in the military service of the United States November 16, 1917, and was discharged therefrom September 25, 1919. At the time of enlistment deceased applied for and was granted a policy of war risk term insurance, and the premiums thereon were paid up to the time of his discharge. No premium was thereafter paid and the policy was permitted to lapse. Up to this point there is no controversy over the facts, but beyond this the testimony is very meager and unsatisfactory.

A witness who had known, him since childhood testified that when the deceased came back from the army his physical condition was changed; that he was nervous and had a cough; that he worked for the witness for about 3 months shortly after his discharge; that he was unable to work steadily; that he would have, to stop a half dozen times a day, and would get sick at the stomach. Another witness, who had…