Civil Procedure Keyed to Friedenthal
Galloway v. United States
Petitioner was a longshoreman before enlisting in the Army in 1917. From that point until 1922, Petitioner had an on and off history with the Army and Navy. In 1930 he began a series of medical examinations with the Veterans’ Bureau which labeled him as having psychosis. Petitioner claimed that he was now totally and permanently disabled by reason of insanity brought about by the strain of active service abroad. Petitioner alleged that his insanity had existed before May 31, 1919, the day on which his yearly renewable term insurance policy lapsed for nonpayment of the premium. To prove his case, Petitioner offered a series of six witnesses who knew him before and after service and would comment on his behavioral change. The Petitioner’s burden was to demonstrate by more than speculative inference that this condition began on or before May 31, 1919 and continuously existed or progressed until 1930. The Government motioned for a directed verdict and the District Court granted it in favor of the Government stating Petitioner did not meet his burden with the evidence he presented. Petitioner claimed the directed verdict denied him his right to a jury trial. The Court of Appeals affirmed the District Court’s ruling.
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