Alger

While participating in a raid upon an enemy machine gun on October 6, 1918, during the World War, plaintiff was struck from the side by a bullet which tore across his back from the right to a point about two inches to the left of his backbone, ripping through the long back muscle, and taking away a piece of the muscle and part of the bone. He fell, upon being hit, and after a moment dragged himself to a shell hole and shortly thereafter crawled toward the American lines, where he was brought in by a “buddy.” His legs were paralyzed for 48 hours following the injury. After being bandaged at a first-aid station he was removed to a base hospital and from that one to another. Gradually the wound healed, scar tissue nearly filling the hollow of the wound. He was brought back to the United States and discharged at Camp Bowie, Tex., in April of 1919, where he answered “no” to the question of whether or not he had any disability or impairment of health.

This appeal is from a judgment in favor of the insured under a policy of war risk insurance. The refusal of the trial court to direct a verdict for defendant is assigned as error. Premiums had been paid upon his $10,000 policy of war risk…