Rasar

United States v. Rasar

Good Law
45 F.2d 545·1930 U.S. App. LEXIS 3681
United States Court of Appeals for the Ninth CircuitNovember 10, 1930No. 6205California2,120 words

Opinion

Lead Opinion

Webster, J.

Appellee recovered judgment in the court below on a policy of war risk insurance, and the government appeals. The solo question for determination is whether there was sufficient evidence offered at the trial tending to prove total and permanent disability during the life of the policy. Appellee enlisted in the Marine Corps on February 20, 1918, and served therein until he was honorably discharged, on April 14, 1919. The policy of insurance in suit expired on July 1,1919, for nonpayment of premium. The complaint alleges that appellee was totally and permanently disabled at the time of his discharge from the service by reason of wounds received while serving in France with the American Expeditionary Forces. It appears from the record that on August 8, 1918, appellee, while engaged in active combat, sustained .serious and permanent injuries as the result of *546 exploding shrapnel. He was shot through the right arm four.times, one shot passing through his lung and penetrating the liver. One shot entered his left knee and another his right leg. He was taken to the hospital, where four pieces of bone were removed from his arm and one piece from his right leg. For seventy-four days he…

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