Nichols

Nichols v. United States

Good Law
68 F.2d 597·1934 U.S. App. LEXIS 4918
United States Court of Appeals for the Ninth CircuitJanuary 24, 1934No. 7227California2,352 words

Opinion

Lead Opinion

Garrecht, J.

Plaintiff, the insured under a war risk insurance contract in the sum of $10,000, was wounded in action on November 10,1918. A piece of high explosive shell struck him below the left eye and penetrated upward and backward, embedding itself in the left eyeball. Another piece of shell struck him in the left leg. First aid treatment was administered, he was hospitalized, returned to the United States, and honorably discharged. As a result of his wounds he is lamed, suffers some degree of deafness in the left ear, and a loss of sight in the left eye with drooping eyelid, being only able to distinguish light from dark. At his discharge he stated that the loss of his left eye would interfere with his prewar occupation of range rider, but this was the only disability noted. Following his discharge on March 13, 1919, at Camp Lewis, Wash., Nichols left for his home in Idaho. He rested en route, so that several days elapsed before he finally arrived home. He stayed at his father’s ranch, attempting to ride and to assist generally, but his testimony is to the effect that he was unable to go forward with the work. Following this, he attempted mining with his father, in which endeavor he was…

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