United States v. Spaulding

• Decision Date: 07 January 1935
• Docket Number: No. 161,161
• Citation: 55 S.Ct. 273,79 L.Ed. 617,293 U.S. 498
• Parties: UNITED STATES v. SPAULDING. *
• Court: U.S. Supreme Court

293 U.S. 498

55 S.Ct. 273

79 L.Ed. 617

UNITED STATES

v SPAULDING.^*

No. 161.

Argued Nov. 15, 1934.

Decided Jan. 7, 1935.

The Attorney General and Mr. Will G. Beardslee, of Washington, D.C., for the United States.

Mr. Warren E. Miller, of Washington, D.C., for respondent.

Mr. Justice BUTLER delivered the opinion of the Court.

In September, 1917, respondent, then 24 years old, enlisted in the United States Navy. He was successively commissioned ensign and lieutenant and became an air pilot. He was honorably discharged June 30, 1922. While in the service he obtained a policy of war risk insurance which lapsed November 30, 1923. He brought this suit March 15, 1932, in the federal District Court for Northern Florida to recover the amounts payable under the policy for total permanent disability alleged to have resulted from kidney disease and injuries received in an airplane crash occurring while the policy was in force. At the close of all the evidence, the United States moved for a directed verdict. The motion was denied, the jury found for respondent, and the court gave him judgment which was affirmed by the Circuit Court of Appeals. 68 F.(2d) 656.

The policy covers total permanent disability, whatever its cause, occurring before the lapse. The evidence was not confined to that period, for respondent's subsequent condition is pertinent to the extent that it tends to show whether he became totally and permanently disabled before the lapse. Lumbra v. United States, 290 U.S. 551, 560, 54 S.Ct. 272, 78 L.Ed. 492. The United States maintains that the evidence was not sufficient to sustain the verdict. And that is the sole question presented for our consideration.

The material substance of the evidence follows.

In the latter part of 1919, respondent first had kidney trouble. According to the naval medical records, he was sick four times from what was finally diagnosed as a kidney stone. These illnesses were in June and September, 1920, and in January and August, 1921; their duration in all was about six weeks; while they lasted urinalyses sometimes disclosed albumin, casts, and corpuscles in varying quantities. Some time after the last attack, the stone was removed. November 14, 1921, respondent's upper and lower jaws were fractured in the airplane crash. He was in the naval hospital until February, 1922. He testified that he continuously had kidney trouble and severe pains in the head and back. When discharged, the only defect noted was that his teeth did not occlude properly. Due to that, he had gastritis February 28. Urinalysis then disclosed very few blood cells, occasional pus cells, but no albumin or casts. The gastritis disappeared. In May following his teeth were treated for the malocclu- sion. Respondent testified that he was then suffering kidney pains and that his left antrum was much swollen. A civilian, Dr. Quina, treated the antrum.

May 31, respondent went again to the hospital. He then stated that two years earlier he had suffered acute illness following exposure in wet and cold, had not felt well since, and for the last month had been treated for kidney trouble. The diagnosis then made was 'nephritis chronic parenchymatous.' June 26, 1922, he was examined for discharge from the service. The medical officers noted their opinion that the nephritis was due to toxic materials absorbed from the antrum and that infection of the antrum resulted from injuries sustained in the airplane crash. He was found 'not physically qualified for active duty in the Navy by reason of the following physical defects which are of a more or less temporary nature: Infection of left antrum and malocclusion of the teeth.' And on that day he certified that he had the following disabilities entitling him to compensation under the War Risk Insurance Act (40 Stat. 398): Infection of the left antrum, malocclusion of the teeth, stomach trouble, and heart murmur. He made no claim that he had become totally and permanently disabled or that he was entitled to the amounts that under the policy are payable therefor.

Respondent did nothing from the time he was discharged until February, 1923. He testified that during that period he was ill and under the care of doctors who forbade work. When he finally did work, it was against their orders and to support his family. From February, 1923, until April, 1924, he took vocational training. During that time his policy lapsed. He quit before completion of the course because, as he says, he was no better and thought outdoor work would be good for him. Then for more than a year he was employed as an automobile salesman. Much riding over rough roads aggravated his condition and prevented continuous work. He was paid a salary of $125 per month for a part of the time and commissions for the remainder.

Commencing about September 1, 1925, respondent for seven months was employed as superintendent of construction of roads and ditches at a salary of $300 per month. He next worked for an electric company during four years and two months until September, 1930. For the first five or six months he was a salesman and earned commissions amounting to about $500. He then became superintendent of electrical work at a salary of $200 per month. Except for six or seven weeks in another year and three months in 1930, he received salary for every month, though not able to work full time. He was discharged because he could not put in full time. Two fellow employees testified that he was ill and at home three or four days a month. That was his last employment.

An official record put in evidence by him shows that in July, 1924, he was given a special physical examination to test his qualifications for flying. It indicates recovery from the airplane crash, heart and blood pressure normal, no recurrence of kidney trouble. As a result of the examination, he was officially certified to have no defects and to be qualified for flying duty as a pilot.

Commencing in 1923, while the policy was still in force respondent was treated by Dr. Quina, to whom he went daily during the first year and three or four times weekly during the next two. His condition did not improve, and, because of inability to pay the doctor, he discontinued. For a few years prior to the trial he has been going to doctors for sinus treatment as often as every other day. October 31, 1928, the Veterans' Bureau examined him, apparently in connection with his application to reinstate his insurance. He was classified as a poor risk: 'This man has a chronic nephritis. Hypertension. Urine shows occasional hyaline casts and a few red blood cells.' In March, 1930, he entered a veterans' hospital at Washing- ton, where he remained about six weeks. The diagnoses were albuminaria, nephritis diffuse mild, moderate hypertension. It was found that no hospitalization was necessary. Dr. Fowler, a consultant in urology, found the right kidney out of position and suggested surgery. June 1, 1931, respondent went to a naval hospital for treatment of the infected antrum, and remained there until July 7. It was found that his blood pressure and heart were normal. He had moderate hydronephrosis of the right kidney and a kink in the upper half of the right ureter. Urinalysis was negative.

Respondent called Dr. Quina, Dr. Bryan, and Dr. Pierpont.

Dr. Quina had treated respondent for the antrum infection for several years after the latter's discharge from the Navy. He testified that the antrum infection was incurable and that during the period of treatment respondent had nephritis caused by the infection; that it did not improve; that respondent had impaired his health by working; and that 'in my opinion at the time I first examined him and since that time he has not been capable of continuously carrying on a substantially gainful occupation without injury to his health.' The doctor thought that under proper treatment respondent could live a long time. 'I would put him in bed and keep him there. If he engages in any work it will make him die a little bit sooner.' Although the witness did not testify to any change in respondent's condition, he said: 'If a man had mild nephritis in 1923 and in 1932 has diagnosis of mild nephritis * * * his condition is much worse now than it was then because he still has a breaking down of the kidneys.'

Dr. Bryan commenced to treat respondent in July, 1929, and at that time found chronic nephritis. He expressed the opinion that the disease existed in 1923. An examination a year before the trial indicated respondent had not improved. Absolute rest was the treatment for his con- dition, any work physical or mental would impair his health, and 'if he continuously engages in any kind of work he is going to limit his days on this earth. * * * If a man has mild nephritis in 1923 and actually works for seven years and quits work in 1930 and then in 1932 still has a diagnosis of only mild nephritis I would say that he had injured himself, for a man with that type of disease would injury his health by doing any kind of work. By working he has made it worse; he might have recovered. I would * * * say he was totally...