Scarborough

This is an appeal from a judgment of the District Court, sitting without a jury, in favor of the appellee, hereinafter referred to as the plaintiff, upon a policy of war risk insurance issued to a deceased veteran of the World War during his lifetime.

At the close of the plaintiff’s case, defendant moved for a nonsuit upon the ground that plaintiff had not made out a prima facie case, in that there was no evidence of total and permanent disability incurred prior to the date upon which the policy lapsed; at the close of the entire case defendant made a motion for judgment in its favor upon the ground that the evidence was insufficient to justify a judgment for the plaintiff. Both motions were by the court denied, to which rulings of the court the defendant duly excepted.

The sole question to he determined is the sufficiency of the evidence to support the judgment; in other words, whether there is substantial evidence to establish plaintiff’s claim that the deceased veteran was totally and permanently disabled prior to the date upon which the policy lapsed.

The applicable rules of law in cases of this character are so familiar and have been so often announced by this and other…