Hill

Prom a judgment after alleged erroneous denial of a motion for a directed verdict on the ground that the evidence was insufficient to sustain a verdict, appellant appeals.

The appellee was enlisted in the army in September, 1917, and thereafter received a $10,000 war-risk insurance policy and was *652 discharged on the 4th day of April, 1919, claiming total and permanent disability prior thereto. No premiums were paid on the policy after discharge.

The burden of proof was upon the appellee to show by a fair preponderance of the evidence that he was thus totally and permanently disabled. Partial disability is not sufficient, nor total temporary disability. United States v. Golden (C. C. A.) 34 F.(2d) 367 ; United States v. Thomas (C. C. A.) 53 F.(2d) 192 ; United States v. McLaughlin (C. C. A.) 53 F.(2d) 450 . And unless there is substantial testimony to sustain the verdict, denial of the motion was error. Gunning v. Cooley, 281 U. S. 90 , 50 S. Ct. 231 , 74 L. Ed. 720 .

The action was begun on the 14th day of October, 1930. The testimony of total and permanent disability was by the plaintiff. He testified that while “at the front line I had dysentery, high fever and a kind of a…