Suomy

Action upon a policy of'war risk insurance instituted by John Helmer Suomy against the United States. 'Verdict and judgment were in favor of plaintiff and the government appeals. This appeal is based upon denial by the trial court of the defendant’s motion for a directed verdict and the question before us is whether or not there was substantial evidence of the total and permanent disability of plaintiff on April 19, 1919', to entitle the ease to go to the jury.

John Helmer'Suomy, a native of Finland, possessing but a limited education, entered the war forces of the United States and saw service in the Argonne Forest in France. It *543 was there that during an engagement, at about the hour of 8 a. m., on October 91,1918, a piece of. shrapnel entered his left arm. Severely wounded, he made his way to a first-aid station, where his arm was bandaged. At 10 o’clock in the evening of the same day his aim was amputated, gas gangrene having set in. He was hospitalized at different places, finally finding his way to Letterman General Hospital in San Francisco. After spending three months at this hospital, he was discharged on April 19, 1919. At the time of discharge the wound was still…