Deadrich

This is an appeal from a judgment on directed verdict in favor of defendant in a war risk insurance case.

The action was to recover for total and permanent disability of the plaintiff. The complaint alleged and the answer admitted that the insured was in the service from February 15, 1915, to March 29, 1919; that the insurance policy took effect February 18, 1918, and continued in full force and effect with the payment of premiums to June 1, 1919, the only issue being whether or not the plaintiff became permanently and totally disabled during the life of this policy, and the only question open for review on this appeal is whether or not there was sufficient competent evidence of total and permanent disability on June 1, 1919, to warrant submission of the case to the jury.

Henry S. Deadrich enlisted in the army in February, 1914, and was honorably discharged March 29, 1919. Shortly after his entrance into the service he became the victim of pneumonia and almost immediately upon recovery he contracted measles and again, in May of 1919, he was hospitalized because of pneumonia. After recovery he *620 sailed for France and there, while troops were being instructed in the use of gas…