McAlister
United States v. McAlister
Opinion
Lead Opinion
Neterer, J.
From a judgment after alleged erroneous denial of a motion for a directed verdict and refusal of instruction to that effect on the ground that the evidence was insufficient to sustain a judgment, appellant appeals.
The insured was inducted into the Army June 27, 1918, at age of twenty-four years; was wounded over seas September, 1918, by compound consummated fracture of the radius of the left arm necessitating the removal of several inches of bone; was discharged May 28, 1919, but prior thereto, on May 22d, made claim for disability compensation, estimating his disability at 50 per cent. He was awarded *380 $50 a month, which was increased to $60 and later to $80, he Supplementing his income by leasing small ranches and “horse trading.” He married in March, 1927, and his wife said from their income they saved several hundred dollars and used this as part payment on a farm. He made claim for total disability on July 2, 1931, or by letter of May 25, 1931, which he may have regarded as such a claim. This action was instituted June 27, 1932. He died on August 26, 1934. On October 29, 1934, Irma McAlister, administratrix of his estate, was substituted as plaintiff. On the 26th day of…