Lesher

Reversal is sought of judgment on a verdict for plaintiff on an $8,000’ war risk insurance policy claim. It is alleged that the insured became totally and permanently disabled prior to March 31, 1919, by reason of encephalitis lethargua residusu The sole is *54 sue is alleged ¡error in overruling defendant’s motion for a directed, verdict.

Under the Seventh Amendment to the Constitution, a jury trial is guaranteed in a civil action; and that it is error to direct a verdict for defendant if there is any substantial evidence is stare decisis.

Tho testimony shows that plaintiff was employed from September,1920, to Decern T $62.50, September, 1920, to $188.97, ISTovem Z -inon j a x- 1 ir ’ ctnn.fí/1 ber, 1920, and at no time less than $99.64, , / i } • a x i i noo x which was paid m beptember, 1922, or a toxin^^nonoo • xl -A jl tal of $4,080.33 covering the period, and he . l 9 .,, -i ,f J, was intermittently employed thereafter until r\ x i i^ncr • £ £ £ n October, 1925, sometimes for four full ’ rm • i .xl x months. There is, however, evidence that plaintiff was assisted in his duties by his fellow 'workers and that but for such assistance he could not have performed. ■ ‘

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