Galloway v. United States case brief summary
319 U.S. 372 (1943)
Seeking benefits for total and
permanent disability under a contract of war risk insurance,
petitioner appealed a judgment of the United States Court of Appeals
for the Ninth Circuit, which affirmed the trial court's decision to
grant a directed verdict in favor of respondent United States.
FACTS Petitioner sued respondent to recover
benefits for total and permanent disability by reason of insanity.
Specifically, he claimed that the strain of active military service
abroad brought on an immediate change, which was the beginning of a
mental breakdown that eventually became a total and permanent
disability. The trial court held that petitioner's evidence was
legally insufficient to sustain a verdict in his favor; it therefore
granted respondent's motion for a directed verdict. The lower court
The United States Supreme Court reviewed the evidence and
concluded that petitioner had not met his burden of showing
continuous disability. In particular, it pointed to the fact that he
had not submitted evidence relating to a five-year period.
that the evidence of insanity was merely speculative, the Court
affirmed the judgment of the lower court.
CONCLUSION The Court affirmed, holding that the
trial court was entitled to grant respondent's motion for a directed
verdict in light of petitioner's failure to show his whereabouts,
activities, or condition for five years of the time period that he
claimed to have suffered continuing and total disability.
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