atkinson argued january decided february homer cummings atty beardslee washington warren miller washington respondent justice stone delivered opinion case brought certiorari review determination appeals fifth circuit said inconsistent decision miller challenged holding statutory authority including contracts government insurance converted war risk insurance covering death total permanent disability provision permanent loss hearing ears shall deemed total disability case tried district jury rendered verdict plaintiff respondent judgment favor affirmed circuit appeals fifth circuit held insertion policy quoted definition total disability pursuant veterans administration regulation authorized stat government assignment errors assails correctness ruling examination record discloses objection presented trial consequence government precluded raising question appeal trial judge instructed jury respondent might recover either theory loss hearing constituted fact permanent disability preventing pursuit substantially gainful occupation loss hearing ears permanent permanent disability defined policy jury thus left free return verdict respondent found suffered permanent loss hearing ears regardless effect upon ability earn livelihood government failed question correctness instructions either exception request charge motion directed verdict upon grounds material verdict jury ordinarily set aside error brought attention trial practice founded upon considerations fairness parties public interest bringing litigation end fair opportunity afforded present issues law fact beaver taylor allis fidelity guaranty guerini stone carlin construction pennsylvania railroad minds burns see shannon shaffer oil refining co substantially adopted rule subdivision rules appeals fifth circuit requires party excepting charge state distinctly several matters law excepts directs matters law shall inserted bill exceptions exceptional circumstances especially criminal cases appellate courts public interest may motion notice errors exception taken errors obvious otherwise seriously affect fairness integrity public reputation judicial proceedings see new york central johnson brasfield case presented judgment must affirmed reason error assigned made subject appropriate exception request charge upon trial affirmed footnotes later july term insurance held persons military service april shall converted without medical examination form forms insurance may prescribed regulations insured may request regulations shall provide right convert ordinary life life endowment maturing age usual forms insurance provisions maturity certain ages continuous installments life insured beneficiaries cash loan paidup extended values dividends gains savings provisions protection advantage alternative benefits insured beneficiaries may found reasonable practicable may provided contract insurance time time regulations