Burke

David A. Burke, appellee, hereinafter referred to as plaintiff, enlisted in the United States Army June 15,1915, and was honorably discharged on the surgeon’s certificate of discharge June 16, ■ 1919. On February 1, 1918, he was granted while in the service a contract of war risk term insurance in the sum of $5,000, payable in monthly installments in the ease of total and permanent disability. He claimed total and permanent disability from June 17,1919, and from a judgment in his favor the government appeals.

*654 Plaintiff testified as follows: He was kicked by a mule shortly after he enlisted in 1915, and during the time he was in the service of the United States government he was sent to a hospital in China for over a year, off and on many times. His knee would swell, and he would be in a hospital for 6 weeks, then be marked “quarters” for two or three days, and he would then again be sent to the hospital. While he was in the hospital in China under United States government surgeons, he had an operation on his right knee in 1916, then came to the Letterman General Hospital in San Francisco, where he stayed 2 months or more1, until he was called before a board and discharged…