United States v. Carper

Fourth Circuit

United States v. Carper

75 F.2d 191, 1935 U.S. App. LEXIS 2895

CourtCourt of Appeals for the Fourth Circuit

DecidedJanuary 16, 1935

DocketNo. 3744

StatusPublished

Cited by3 cases

This text of 75 F.2d 191 (United States v. Carper) 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

United States v. Carper, 75 F.2d 191, 1935 U.S. App. LEXIS 2895 (4th Cir. 1935).

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Opinion

PER CURIAM.

This is an appeal in a war risk insurance case. The premium paid on the policy continued the insurance in force to December 31, 1918; and the only question which we need consider is whether there was substantial evidence that at that time the insured was totally and permanently disabled within the meaning of the policy. We think that this question must be answered in the negative. The suit was not filed until June, 1932, and the insured was then suffering from grand mal epilepsy, and there was evidence to warrant the conclusion that he was suffering from the same disease at the time of the lapse of the policy. There is no evidence, however, that at that time the disease had reached such stage as to constitute total and permanent disability. On the contrary, there was uncontradicted evidence that insured did work extending over a period oi several years, and earned wages m , . .. , , TT , a very substantial amount. Under such circumstances, verdict should have been directed for the government. Lumbra v. U. S., 290 U. S. 551, 54 S. Ct. 272, 78 L. Ed. 492; U. S. v. Legg (C. C. A. 4th) 70 F.(2d) 106. judgment appealed from will be reversed,

Reversed.

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PER CURIAM.

This is an appeal in a war risk insurance case. The premium paid on the policy continued the insurance in force to December 31, 1918; and the only question which we need consider is whether there was substantial evidence that at that time the insured was totally and permanently disabled within the meaning of the policy. We think that this question must be answered in the negative. The suit was not filed until June, 1932, and the insured was then suffering from grand mal epilepsy, and there was evidence to warrant the conclusion that he was suffering from the same disease at the time of the lapse of the policy. There is no evidence, however, that at that time the disease had reached such stage as to constitute total and permanent disability. On the contrary, there was uncontradicted evidence that insured did work extending over a period oi several years, and earned wages m , . .. , , TT , a very substantial amount. Under such circumstances, verdict should have been directed for the government. Lumbra v. U. S., 290 U. S. 551, 54 S. Ct. 272, 78 L. Ed. 492; U. S. v. Legg (C. C. A. 4th) 70 F.(2d) 106. judgment appealed from will be reversed,

Reversed.

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75 F.2d 191, 1935 U.S. App. LEXIS 2895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-carper-ca4-1935.

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