Bemis

There is but one question presented by this appeal: Whether there was any sub- ' stantial evidence to show that plaintiff became totally and permanently disabled before the expiration of his war risk insurance policy on July 31, 1919? Complaint was filed December 27, 1935, issue was joined by the answer, and the cause was tried before a court sitting with a jury, which returned a verdict in favor of the plaintiff. Judgment was entered thereon.

*895 The plaintiff enlisted in the military forces of the United States at Burley, Idaho, June 28, 1918; he was then twenty-four years of age and a farmer. On or about the first of August of the same year he arrived at Camp Mills, Long Island. August 5, 1918, he accidentally shot himself in the left ankle while cleaning his rifle. He was placed in the Camp hospital for treatment, and the X-ray revealed that the bones of the left ankle had been fractured. He remained in the Camp Mills base hospital until October 16, 1918, spending the entire time in bed. While he was in this hospital, at least two operations were performed on his ankle. On the date last mentioned he was transferred to General Hospital No. 3 at Colonia, New Jersey, where he…