Sampson

Appellee brought this action under section 19 of the World War Veterans’ Act 1924, as amended July 3, 1930, c. 849, § 4, 46 Stai. 992, 38 USCA § 445, to recover permanent total disability benefits under a contract of war risk term insurance granted to appellee under section 400 of the Act of September 2, 1914, as amended October 6, 1917, c. 105, § 2, 40 Stat. 409 . The contract became effective on January 15, 1918, while appellee was employed in active service in the United States Navy. He was discharged from that service on February 17, 1918, and paid no premiums after that date. Consequently, his contract lapsed on March 31, 1918, unless, as he alleges, it was theretofore matured by his permanent and tbtal disability. The jury returned a verdict in appellee’s favor, the District Court entered judgment thereon, and the government has appealed.

To a medical expert, called as appellee’s witness, appellee’s counsel propounded a hypothetical question which, after reciting appellee’s history from the date of his enlistment in 1917 to the commencement of this action in 1934, asked the witness to state whether or not, in his opinion, appellee “could during any of that time have…