White

This action was brought to recover the benefits of a policy of war risk insurance issued to Charles S. White, deceased, in 1918, while in the military service of the United States. The plaintiffs-appellees are the brother and sister of decedent, the sister being the administratrix of his estate and the brother the administrator of the estate of decedent’s mother, who was the beneficiary under the policy. The complaint alleged total and permanent disability on September 27, 1919, during the life of the policy, and the jury so found. The sole assignment of error challenges the ruling of the court in denying the government’s motion for a directed verdict, interposed on the ground that the evidence failed to prove the insured was totally and permanently disabled during the time his policy was in force and effect.

The insured was employed as an apprentice in a printing shop for about two years following his discharge from the army. There is testimony that he was in poor health during this time, was unable to work continuously and regularly, and had to be assisted in his work by other workers. There was also testimony of a witness who had known him immediately prior to and during his…