Pierce Butler

“ There is nothing in the record that at all impairs the significance of the finding that in 1924 respondent was fit for service as an air pilot or of the work he performed after the lapse of the policy. ”

“ An examination a year before the trial indicated respondent had not improved. Absolute rest was the treatment for his condition, any work physical or mental would impair his health, and 'if he continuously engages in any kind of work he is going to limit his days on this earth. * * * If a man has mild nephritis in 1923 and actually works for seven years and quits work in 1930 and then in 1932 still has a diagnosis of only mild nephritis I would say that he had injured himself, for a man with that type of disease would injury his health by doing any kind of work. By working he has made it worse ”

“ It was the ultimate issue to be decided by the jury upon all the evidence in obedience to the judge's instructions as to the meaning of the crucial phrase and other questions of law. The experts ought not to have been asked or allowed to state their conclusions on the whole case. ”

“ He was classified as a poor risk: 'This man has a chronic nephritis. Hypertension. Urine shows occasional hyaline casts and a few red blood cells.' In March, 1930, he entered a veterans' hospital at Washington, where he remained about six weeks. The diagnoses were albuminaria, nephritis diffuse mild, moderate hypertension. It was found that no hospitalization was necessary. Dr. Fowler, a consultant in urology, found the right kidney out of position and suggested surgery. June 1, 1931, respondent went to a naval hospital for treatment of the infected antrum, and remained there until July 7. ”

“ He was successively commissioned ensign and lieutenant and became an air pilot. He was honorably discharged June 30, 1922. While in the service he obtained a policy of war risk insurance which lapsed November 30, 1923. He brought this suit March 15, 1932, in the federal District Court for Northern Florida to recover the amounts payable under the policy for total permanent disability alleged to have resulted from kidney disease and injuries received in an airplane crash occurring while the policy was in force. ”