Opinion

Falbo v. United States

  • 64 F.2d 948
  • 1933 U.S. App. LEXIS 4268
Court
Court of Appeals for the Ninth Circuit
Filed
May 1, 1933
Status
Published
Author
Sawtelle
On the bench
Sawtelle, Wilbur, Mack
Cited by
43 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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