Hayden

This action was brought to recover on a war-risk insurance policy. At the close of plaintiff’s evidence the court granted defendant’s motion for a nonsuit, and this ruling is the basis for the principal assignment of error.

It is admitted that plaintiff enlisted in the United States Army on September 19, 1917, and was honorably discharged on June 6, 1919; that insurance in the amount of $10,000, payable in monthly installments of $57.50, was granted to him on December 3, 1917, conditioned upon his death or permanent and total disability occurring while the contract was in force; that premiums were paid on the policy up to and including the month of June, 1919; and that, unless total and permanent disability theretofore existed, the contract lapsed for nonpayment of the premium due July 1, 1919. While in line of duty plaintiff was gassed in July, 1918, and on October 5, 1918, he was wounded by an explosive shell; and from the injury received on the latter date, it cannot be doubted, some measure of disability of -a permanent character resulted.

It is well understood the coverage of such policies extends only to cases of death or “total permanent disability,” and by departmental…