Riley

This is an appeal from a judgment in favor of the plaintiff in an action on a policy of war risk insurance. William Riley enlisted in the military service of the United States March 29, 1919, and applied for and was granted the usual policy of war risk insurance in the isum of $5,000. He was discharged from the army May 20, 1922, and died March'lé, 1929. The present action was brought on the policy by his widow in her own right and as administratrix of his estate. It was stipulated on the trial that the policy was in full £orce and effect on November 1, 1921, and the sufficiency of the testimony to support a finding of total and permanent disability on or prior to that date is the only question presented for our consideration.

The testimony on the part of the appellee tended to show that the deceased, from a date prior to November 1, 1921, and up to the time of his death, was considerably underweight; weak; pale and sickly in color; tired easily; coughed every day, raising much sputum streaked with blood; and had night sweats. The testimony further tends to show that from the time of his discharge to the time of his death, a period of seven years, Riley attempted to hold several…