Opinion
No. 3901.
October 21, 1935.
Appeal from the District Court of the United States for the Eastern District of North Carolina, at Raleigh.
Action by John E. Boone against the United States of America. Judgment for defendant, and plaintiff appeals.
Affirmed.
W.H. Yarborough, Jr., of Raleigh, N.C., and George Davis Vick, Jr., of Siler City, N.C. (J.M. Broughton, of Raleigh, N.C., and Daniel Bell, of Pittsboro, N.C., on the brief), for appellant.
Armistead L. Boothe, Atty., Department of Justice, of Washington, D.C., James O. Carr, U.S. Atty., of Wilmington, N.C., and Will G. Beardslee, Director, Bureau of War Risk Litigation, of Washington, D.C., on the brief), for the United States.
Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.
This is an appeal in a war risk insurance case in which verdict was directed for the government. A careful study of the evidence convinces us that it was impossible to conclude whether or not the disease from which insured was suffering had reached such stage at the time of the lapse of the policy as to constitute total and permanent disability within the meaning of its terms, and that any verdict for the plaintiff must necessarily have been based upon pure speculation. Under such circumstances, verdict was properly directed for the defendant.
Affirmed.