Ingle

On July 28,1916, appellee, hereinafter referred to as the plaintiff, entered the military 'forces of the United States and thereafter served with said forces until February 18, 1918, upon which date he was honorably discharged therefrom.

There was issued to him a policy of war risk insurance in the sum of $10,000, where *53 in tlio United States promised and agreed to pay to him, in caso he should become totally and permanently disabled, the sum of $57.50 per month from the date of total and permanent disability, should same occur during the life of said policy, conditioned, of course, upon the payment of premiums as therein specified.

The case was submitted to a jury, who i’eturned a verdict for the plaintiff and found that plaintiff became totally and permanently disabled on February 18, 1918. Judgment was entered aeeoi'dingly.

At the close of all the testimony, defendant moved for a directed verdict in its favor, based upon the ground that the plaintiff had failed to produce testimony sufficient to warrant the jury in bringing in a. verdict in favor of the plaintiff, in that the testimony in said cause showed that plaintiff had worked to such an extent since the time his…