Hansen

Appellee’s complaint, based on his policy of war risk insurance, alleged that he became totally and permanently disabled during the life of the policy by reason of having contracted bronchial asthma, and the jury so found. The government contends on this appeal that the trial court erred in overruling its motion for a directed verdict, interposed on the ground that the evidence fails to establish the disability alleged. The service origin of the disability under which appellee now labors is not questioned; but it is contended that the disability is not total and permanent within the meaning of the law and the regulations of the Veterans’ Bureau. The burden was on appellee to prove the affirmative of the latter issue, and we must view the evidence in the light most favorable to him.

The testimony in support of appellee’s claim is undisputed. .As a child he suffered from asthma until he was about twelve years old, but he had been free from asthma for seven years immediately preceding his enlistment in the Army in. August, 1918. During his service he contracted colds which resulted in a recurrence of his asthmatic condition. He was honorably discharged in August, 1919; and the…