Halliday v. United States, 315 U.S. 94 (1942)

Halliday v. United States

No. 101

Argued January 5, 1942
Decided January 19, 1942
315 U.S. 94

CERTIORARI TO THE: CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

l. Evidence held sufficient to go to the jury on the question whether petitioner, holder of a War Risk Insurance policy expiring October 31, 1920, was totally and permanently disabled on or before that day and thereafter. P. 96.

2. In proving that the insured became totally and permanently disabled before the expiration of his War Risk contract, evidence of his conduct and condition during ensuing years is relevant. P. 98.

3. In an action on a War Risk Insurance policy, inferences may be drawn unfavorable to a claim of total and permanent injury from the failure of the insured to secure medical treatment which he might have had. P. 99.

4. In an action on a War Risk Insurance policy wherein it was claimed that the insured became totally and permanently disabled before October 31, 1920, the date of the expiration of the policy, and remained so, it was error for the District Court to exclude evidence of his condition subsequently to December 9, 1935, when he was adjudged incompetent by a county probate court. Refusal to admit evidence of his condition after that date, though erroneous, was not prejudicial to the Government’s case. P. 100.

116 F.2d 812 reversed.

Certiorari, 314 U.S. 588, to review a judgment which reversed a judgment of the District Court in favor of the plaintiff Halliday in an action on a War Risk Insurance policy.