The opinion
SAWTELLE, Circuit Judge
(dissenting).
T think there was substantial evidence tending to show total and permanent disability on May 31, 1919, when appellant’s policy lapsed by reason of his discontinuance of the payment of premiums, and that the trial court erred in not submitting the ease to the jury. The fact, if it be a fact, that appellant worked when ho should not have done so, or that he did not take proper rest and care, has little or no hearing upon the question of total and permanent disability on the above date, and consequently upon appellant’s right to recover upon the policy.