Albano

This is an appeal from a judgment of the District Court, based upon the verdict of the jury, which found that the appellee was per-, manently and totally disabled, from January 10, 1920. The action was on a war risk insurance policy, and the judgment awarded to the appellee the accrued payments of $57.-50 per month, from January 10, 1920, to and including March, 1932, or a total of $8,395.

The question before this court is whether or not the verdict was based upon substantial evidence. If this question is answered in the affirmative, the judgment must be affirmed. On appeal, we are required to view the evidence in the light most favorable to the plaintiff, where, as here, at the close of all the evidence, the defendant made a motion for a directed verdict, which was denied by the court.

At the beginning of the trial, counsel for the appellant stated: “The government will admit the residence; will admit that the plaintiff was drafted on Juno 26, 1918; that he was honorably discharged on January 10, .1920; that he applied for and was granted a policy for $10,000 war risk term insurance on June 30, 1918; that the premiums were paid on the policy to and including the month of…