Woolfolk

Woolfolk v. United States

Good Law
44 F.2d 701·1930 U.S. App. LEXIS 3420
United States Court of Appeals for the Ninth CircuitNovember 17, 1930No. 6187California1,094 words

Opinion

Lead Opinion

Rudkin, J.

This was an action on a policy of war risk insurance. The original complaint alleged:

In support of this allegation, the plaintiff,, as a witness in his own behalf, testified that he enlisted in the United States Army March 26,1917, was made a corporal in July of that year, and a sergeant in January, 1918; that on August 21, 1917, he was injured in a motorcycle accident and taken to the hospital, where adhesive tape was put across his shoulders and a dressing on the back of his head; that he did not remain at the hospital, but returned to duty at the flying field whore ho was stationed; that later he had influenza, or a touch of ptomaine poisoning, and was taken to the hospital for a few days and treated for ulcers of the stomach; that thereafter he returned to the flying field, where he remained until March, 1918; that while at the flying field he slept in a hangar and was on one occasion exposed to monoxide gas in his sleep and was taken to the hospital; that when his squadron was sent overseas he was loft behind because a murmur was found in his lungs and he was declared unfit for overseas duty; that in March, 1918, he was transferred to the casualty detachment, where he…

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