United States v. Godfrey
Decision Date | 11 February 1931 |
Docket Number | No. 2519.,2519. |
Citation | 47 F.2d 126 |
Parties | UNITED STATES v. GODFREY. |
Court | U.S. Court of Appeals — First Circuit |
Mary Connor Myers, of Washington, D. C. (Frederick H. Tarr, U. S. Atty., and John Laurence Hurley, Sp. Asst. to U. S. Atty., both of Boston, Mass., and J. Frank Staley and W. Clifton Stone, both of Washington, D. C., on the brief), for the United States.
George C. Sweeney, of Gardner, Mass., for appellee.
Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.
The single question presented by this appeal is whether the District Court erred in accepting the verdict of the jury, that Harry G. Godfrey was permanently and totally disabled prior to July 31, 1919, when his policy lapsed. Godfrey enlisted April 18, 1918; at the front, in France, shortly before the Armistice (November 11, 1918), he had an attack of influenza, and received a dose of old chlorine gas in a cellar hole. He then started to cough, and continued to cough increasingly, until he died of tuberculosis on April 23, 1930, after the trial, but before the judgment in this case. Under presumably correct instructions (the charge is not reported), the jury found that he was totally and permanently disabled on June 28, 1919. On motion for a new trial, the learned District Judge said:
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