Todd

Action by Ethna Todd, administratrix of the estate of Elmer Todd, deceased, and others, against the government upon a pobcy of war risk insurance. Judgment was in favor of plaintiffs and to the effect that Elmer Todd, the insured, was totally and permanently disabled on June 24, 1910, and was from that date until his death so permanently and totally disabled, and adjudged that a policy of war risk insurance in the sum of $10,000 was in force on said date, from which judgment the defendant appeals. At the close of all the evidence the defendant moved for a directed verdict upon the ground that the plaintiff had failed to prove that the insured had become totally and permanently disabled at any time while his policy was in force — which motion was denied. Appellant assigns as error this ruling of the court. Elmer Todd, the insured, enlisted in the United States Army on November 8, 1917, at Vancouver Barracks, Wash.; was sent to Camp Meade, Md.; thence to France. During service he was hospitalized three times, once for influenza at Camp Lewis in March of 1918; once for venereal infection in September and October of 1918; and again for pleurisy with effusion, in France in April and…