Young

The appellee recovered judgment upon a war risk insurance policy on the ground that he was totally and permanently disabled before the 28th day of April, 1919; prior to the time the policy lapsed. '

At the time of his application for conversion of his war risk insurance policy on January 29, 1927, in answer to the question, “Are you now permanently and totally disabled?” he answered, “No.” Dr. Rigby, a physician and surgeon, called as a witness by the plaintiff, was asked by hypothetical question, which contained an assumption of facts, to state whether in his opinion the veteran was totally and permanently disabled. This hypothetical question covers twenty pages of the transcript. It contains a great many details concerning the service of the veteran in Eranee. Among other statements contained in the hypothetical question is this: “In this statement [referring to a request for reinstatement of policy of insurance made June 19, 1921] he stated at the time, to the best of his knowledge and belief he was in good health,” and that in his application for conversion of his policy of insurance on July 29, 1927, “He stated he had filed a claim for compensation and in answer to the…