Griswold

The government appeals from a judgment rendered against it upon a war risk insurance policy where the appellee claimed that he was totally and permanently disabled during the life of the policy, to wit, on August 15, 1919. The only claim made by appellant is that the trial court erred in denying the motion of the government for a directed verdict. The policy expired September .15, 1919. The plaintiff suffers from a falling of the stomach and intestines, causing nausea and weakness. There was testimony to tho effect that the condition resulted from an attack of pneumonia while plaintiff was in the military service. The appellant relies upon his work record as establishing the fact that the plaintiff was not totally disabled as early as September, 1919. The statement in appellant’s brief on that subject is not seriously questioned and we quote therefrom as follows:

«* • * We gather from plaintiff’s testimony on cross-examination that about the first of September 1919 he worked for Mr. Beardsmore. This work was dogging on the carriage in his sawmill, cutting short pine logs. He continued this work for 25 days in September and in October he started oiling, being off from work the…