Fairbanks

This is an appeal from a judgment of the trial court in favor of the plaintiff on a policy of war risk insurance. Pursuant to stipulation filed, the cause was tried to a court without a jury and findings of fact and conclusions of law were made and entered.

Frank R. Fairbanks, plaintiff-appellee, enlisted in the United States Army October 5, 1917, at Fort Benton, Mont., and went to France with his company. On’ July 19, 1918, he was wounded by explosive machine gun bullets at the battle of the Somme near Soissons, Chateau Thier-ry, while engaged in certain extrahazardous duty. He was given first aid and left lying on the ground; later two of his comrades assisted him back of the lines. As they were taking him along a road a shell exploded close by, knocking them down and again wounding Fairbanks. His wounds were in the stomach, hip, and knee. He was taken to a base hospital and later to Paris, where he was operated upon; some pieces of lead were removed from the wound in his stomach and other pieces from his hip. Afterward he was taken to a hospital at Savenay for treatment. His wounds remained open for a long time. He returned to the United States aboard 'a hospital ship, landed…