Francis

Carl R. Francis brought this action to recover upon a war risk insurance policy which lapsed May 3, 1919, upon the ground that before the policy lapsed he had become permanently and totally disabled. He was wounded in battle on May 10,1918, by a piece of shrapnel which entered the front of his body and was removed from Ms back on August 3 0, 1918. During the interim he was in various military hospitals and subjected to numerous operations; pus conditions having developed in the wound. After Ms discharge he worked for some time before being given vocational training. Having sufficiently qualified himself as a cook, he was employed for some years at various times as a chef and cook. It is claimed by the veteran that, notwithstanding Ms long periods of work and substantial remuneration therefor, aggregating in all about $15,000, he was “totally and permanently disabled” during that whole period, within the meaning of that phrase as defined by the Treasury Department regulations and by the decisions of the courts. This view was sustained by the jury under proper instructions from the court, and the question is whether or not the court erred in denying the motion of the government for…