Brandaw

As guardian of the person and estate of Charles E. Bran-flaw, an incompetent, herein referred to as the appellant^ Louis Brandaw brought this action to recover in favor of his ward upon a policy of war risk insurance. The appeal is taken from a judgment entered upon a verdict rendered in favor of the government, and the only assignment is of the failure of the trial court to give a requested instruction hereinafter referred to. Appellant was in the army for the short period from August 25, 1918, to October 21, 1918, and the policy sued upon lapsed November 30, 1918. The only issue before the jury was whether appellant became permanently and totally disabled while the policy was in force; namely, from August 28, 1918, to November 30th of the same year. There was evidence to the effect that at the time of his enlistment he was examined, and was then apparently in sound physical condition, but, having had an epileptie fit a few days after he entered the service, he was immediately given a thorough examination, and his history in respeet to this disease was investigated. It was then concluded that it was a case of congenital epilepsy from which he had suffered for many years, and…