Blackburn

This is the second appeal in this ease. On the first appeal, a judgment in favor of plaintiff, administratrix of the estate of John R. Blackburn, deceased, was reversed by this court because of error in admitting certain evidence. U. S. v. Blackburn, 33 F.(2d) 564, 565 .

For convenience, the parties will be referred to as they appear in the court below. On the second trial, plaintiff was again awarded a verdict, and, from the judgment thereon, the defendant has appealed. Error is assigned to the denial of the defendant’s motion fbr a verdict in its favor, and also to the admission in evidence over defendant’s *20 objection of three separate written reports, made in 1921, 1922, and 1924, respectively, of physical examinations of plaintiff by government physicians.

The first assignment calls for 'consideration of the sufficiency of the evidence to support the judgment. Plaintiffs intestate enlisted in the .military service of the United States, November 16, 1917, and was honorably discharged therefrom September 25, 1919. At the time of his enlistment he applied for and was granted a policy of war risk insurance. The premiums thereon were paid until the time of his discharge, and…