Berry v. United States, 312 U.S. 450 (1941)

Berry v. United States

No. 336

Argued February 4, 1941
Decided March 3, 1941
312 U.S. 450

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. In this suit against the United States to recover total permanent disability benefits under policies of War Risk Insurance, held that the District Court properly denied the Government’s motion for a directed verdict, and that the evidence sustained the verdict for the plaintiff. P. 451.

2. Rule 50(b) of the Rules of Civil Procedure goes farther than the old practice in that district judges, under certain circumstances, are now expressly declared to have the right (but not the mandatory duty) to enter a judgment contrary to the jury’s verdict without granting a new trial; but it has not taken away from juries and given to judges any part of the exclusive power of juries to weigh evidence and determine contested issues of fact. P. 452.

3. The jury properly could have found from the evidence in this case that, as a result of injuries suffered in the World War, and while his policies of War Risk Insurance were in force, the plaintiff became totally and permanently disabled within the meaning of the policies, and has since remained so, in that he has not since been able, and will not again be able, to work with any reasonable regularity at any substantially gainful employment. P. 453.

To justify a finding of total and permanent disability, it is not necessary that the insured be bedridden and helpless, or that he should not have undertaken any work of any kind. P. 455.

4. That thirteen years elapsed before suit was brought in this case does not bar recovery, but is a circumstance to be weighed by the jury with the other evidence. P. 456.

111 F.2d 615 reversed.

Certiorari, 311 U.S. 633, to review the reversal of a judgment for the plaintiff in a suit upon policies of War Risk Insurance.