Kieling

This is an action to recover on a war risk insurance policy on the ground that the plaintiff became totally and permanently disabled during the life of his policy. The sole question sought to bo presented on this appeal is whether or not the court erred in not granting the defendant’s motion for directed verdict.

It appears that on September 28, 1918, the plaintiff was injured in battle in the Argonne Forest. He testified as to the circumstances of his injury and his physical condition thereafter and the treatment he received. He was admitted to the field hospital October 3, 1918, with a diagnosis of “psychoneurosis; concussion neurosis.” On October 14, 1918, an entry was made in the hospital records stating his condition in considerable detail, with the following diagnosis: “Spastic paraplegia bilateral pyramidal tract process.” January 11,1919, he was evacuated to Letterman Hospital, Presidio o-f San Francisco; the hospital records showing, “has slight spastic gait; complains of not having use of left leg.”

The physician who testified on his behalf at the trial explained the significance of those entries in the hospital record, and in response to a hypothetical question based…