Dudley

Appeal from judgment entered on ver-diet for plaintiff in an action on a war risk insurance certificate.

I. Defendant complains of the denial of its motion for directed verdict. The jury found plaintiff totally and permanently disabled May 18,1919, the date of his discharge (his policy of insurance was in effect, by payment of premiums, until October 31, 1920). The question presented is whether there was any substantial evidence to support the verdict.

Plaintiff’s testimony tended to show the following facts: He was in the front lines in France fifteen days, receiving a slight gunshot wound; during thirty-six hours of this time he was on stretcher duty without relief. While at the front he had an attack of dysentery; he received treatment at the infirmary and later spent three weeks in casual camp under medical care. Thereafter, he spent four months on sick call, never being restored to full military duty. The dysentery was cured, but during the remainder of his military service and since, he has suffered constantly from chronic constipation, abdominal pains, nausea, nervousness, and insomnia. The abdominal soreness was somewhat, but not entirely, relieved by an appendee- *744…