McCreary

Appellee, Carrol Tillman McCreary, brought this action against appellant, the United States, under § 19 of the World War Veterans’ Act, 1924, as amended, 46 Stat. 992 , 38 U.S.C.A. § 445 , on a claim for disability benefits under a contract of war risk term insurance issued to appellee under Article IV (§§ 400-405) of the War Risk Insurance Act, 38 Stat. 711 , as amend *298 ed, 40 Stat. 409 , 410. The contract was issued to appellee on April 1, 1918, and was in. force on August 19, 1919, on which date appellee claims to have become permanently and totally disabled. There was a jury trial and a verdict and judgment for appellee. That judgment was reversed. United States v. McCreary, 9 Cir., 61 F.2d 804, 808 . The case was remanded for retrial and was retried. The result was, as before, a verdict and judgment for appellee. Appellant seeks reversal.

At the retrial, appellee introduced evidence tending to establish the claimed disability. To refute this, appellant introduced the testimony of medical experts, one of whom was Dr. Charles George Rattner. Dr. Rattner’s testimony was given by deposition taken in New York. He was not present at the trial. He testified that he had made a…