Thompson

United States v. Thompson

Good Law
92 F.2d 135·1937 U.S. App. LEXIS 4505
United States Court of Appeals for the Ninth CircuitSeptember 13, 1937No. 8373California3,433 words

Opinion

Lead Opinion

Garrecht, J.

This suit was brought to recover total permanent disability benefits under a contract of war risk term insurance which afforded insurance protection from February 1, 1918, to October 1, 1919. The case came on for jury trial on June 23, 1936, with issue joined on plaintiff’s allegation that he became totally permanently disabled during the life of the policy. At the close of all the testimony defendant moved for a directed verdict on the ground that there was no substantial evidence to support a verdict for plaintiff. The motion was denied and an exception reserved. Thereafter the jury returned a verdict in favor of plaintiff, in accordance with which judgment was entered on July 18, 1936, awarding benefits from August 13, 1919.'

The appellant states the only question presented as follows: “Whether there was any substantial evidence that plaintiff became totally permanently disabled during the period of protection under his insurance contract.”

Theodore Thompson, a native of Norway, came to the United States in 1912, nineteen years of age, possessing a seventh grade education, and unable to speak the English language. He settled near Reed Point, Montana, and secured work on sheep…

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