Mulivrana

This was an action on a policy of war risk insurance. From a judgment of non-suit, the plaintiff has appealed. . The appellant entered the military service of the United States in July, 1917; applied for and was granted war risk insurance, in the amount of $10,000, in October, 1917, and was discharged from the service in August, 1919. No premiums were paid after his discharge, so it is conceded that there can be no recovery under the policy unless the appellant became totally and permanently disabled, within the meaning of the law, prior to October 1, 1919.

An extended review of the testimony seems unnecessary. One of the physicians and surgeons at the Cushman Hospital examined and treated the appellant at various times between 1921 and 1923. He testified that in 1921 he treated the appellant for pulmonary tuberculosis, active, and moderately advanced; that at that time he considered the appellant totally disabled from following any substantially gainful occupation, and was of opinion that the disability would continue throughout his life. A further examination of the appellant was made by the witness shortly before the. trial, and his condition was found to be about the same,…