Darrow

This was a suit on a policy of war risk insurance. Plaintiff, Frank Tarp, enlisted in the military service of the United States *125 in April, 1918, and was honorably discharged in March, 1919. His policy of war risk insurance was in effeet until the time of his discharge, when it lapsed for nonpayment of premiums, but remained in force until the termination of the grace period, May 2,1919. Before this appeal was perfected, plaintiff died, and, upon motion made at the hearing in this court, appellant was substituted as the proper party. At the conclusion of plaintiff’s case, the court granted a motion for a directed verdict in favor of the government, and the ruling is assigned as error here.

The complaint alleged that, while in the service, plaintiff contracted numerous colds, grip, and other congestions of the lungs, and that as a result thereof he contracted pulmonary tuberculosis and tuberculosis of the throat; that at the time of his diseharg-e plaintiff was, and ever since has been, and now is, as a result of such disease, unable to continuously follow any substantially gainful occupation; and that this condition of total and permanent disability is reasonably certain to…