Boone v. United States

Fourth Circuit

Boone v. United States

79 F.2d 702, 1935 U.S. App. LEXIS 4243

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 21, 1935

DocketNo. 3901

StatusPublished

This text of 79 F.2d 702 (Boone v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boone v. United States, 79 F.2d 702, 1935 U.S. App. LEXIS 4243 (4th Cir. 1935).

Pincite

Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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Bluebook (online)

79 F.2d 702, 1935 U.S. App. LEXIS 4243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boone-v-united-states-ca4-1935.