Anderson

Appellant brought this action to recover upon a $10,-000 war risk insurance policy for which he made application on February 8, 1918, while he was in the military service. From a judgment of dismissal, entered pursuant to a directed verdict, he appeals.

*46 By his complaint he shows that he enlisted and was inducted into the army on March 31, 1917, and continued in the service until April 19, 1918, when he was honorably discharged. He further expressly alleges that he was totally and permanently disabled on October 6, 1917, while he was “acting in line of duty.” In giving testimony, he explained that while on a visit at Helena, Mont., he declined to comply with the command of “military police” that he “go back to the fort, some five or six miles from Helena,” and that in an ensuing struggle the officers clubbed him on the head and other parts of the body, severely injuring him. As a result, so the physicians testified, he is suffering from traumatic epilepsy and other disabilities. For present purposes we assume to be true his allegations that the injuries were received in line of duty, and by them he was totally and permanently disabled.

Upon the admitted faets we are unable to…