Stamey

This is an appeal from a judgment in favor of the plaintiffs in an action on a policy of war risk insurance. Error is assigned in the admission of testimony, in the refusal of the court to direct a verdict for the appellant at the close of all the testimony, and in the charge of the court to the jury.

Grady G. Stamey, the insured, enlisted in the military service of the United States on April 28, 1918; went overseas August 31, 1918; contracted influenza, in France, in October, 1918, and was on sick leave for about a week; had a violent attack of coughing in March, 1919, was transferred to hospital in April, 1919, where condition of pericarditis was found to exist; did not thereafter return to active duty; and was finally discharged on July 19, 1919. After his discharge, the testimony tends to show that he was pale and very nervous; tired and unable to sleep; spasmodic in eating, sometimes very hungry, sometimes eating very little; had periodical spells of restlessness and suffered at night; had severe pains in the chest and head and was feverish and ill, remaining in bed the greater part of the time until August 1,1919. On the latter date, and again on August 30, 1919, he was…