Evans

This is an action upon a war risk insurance policy issued to William Wallace Evans. The policy had lapsed for nonpayment of premium due June 1, 1920. The action is based on the theory that during the life of the policy the insured became permanently and totally disabled on May 15, 1920, with tuberculosis, and that he died therefrom November 19, 1926. ' The jury found in favor of the government. The only error complained of by the appellant is the failure of the trial court to give two instructions requested by her to the effect that an ex-service man who is shown to have had, prior to January 1,1925, a rating of 10 per cent, or more degree of disability, shall be presumed to have acquired his disability in the service of the United States, and said presumption shall be conclusive.

A witness, Dr. Ralph M. Dodson, testified that in February, 1920, or within thirty days thereof, he examined the insured and found definite rales which made him believe William Wallace Evans had active tuberculosis. The witness again examined the insured in February, 1922, and the diagnosis was positive. The witness believed that Evans had active pulmonary tuberculosis when he examined him in February,…