Galloway v. United States

Galloway v. United States, 319 U.S. 372 (1943), was a Supreme Court of the United States decision in which the Court determined that a directed verdict in a civil case does not deprive litigants of their right to a trial by jury in civil cases under the Seventh Amendment to the United States Constitution .

Galloway, the 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. The 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 his condition began on or before May 31, 1919 and continuously existed or progressed until 1930. The Government moved 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. The issue in this case was whether a directed verdict denied the Petitioner the right to a jury trial.

Contents

• 1 Background: The history of the Seventh Amendment

• 2 Facts of the case

• 3 Majority opinion

• 4 Dissenting opinion

• 5 See also

• 6 External links

Background: The history of the Seventh Amendment

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The Seventh Amendment provides that "In suits at common law , where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved..." The Amendment was enacted to prevent oppression by a biased or corrupt court. It was meant as a guarantee that the personal interests or prejudices of certain judges would not serve to defeat the rights and responsibilities of citizens before the courts. To prevent corruption, the Seventh Amendment was written to guarantee a trial by our peers.

The Seventh Amendment has been interpreted to give people the right to a jury trial in many civil matters in federal court, but, seemingly contrary to the wording of the Amendment, not all. For example, lawsuits against the government, and admiralty matters, do not give rise to the right to have a jury decide the case. Rights to sue created by statute (versus the common law, or law created by court decision), including the ability to sue the United States Government, have jury rights created by statute and not the Seventh Amendment, according to the courts.

Federal medical facilities and medical practitioners overseen by the Federal Tort Claims Act are totally exempt from a jury trial. The decision to prevent jury trials in matters such as these was criticized by Supreme Court Justice Hugo Black’s dissenting opinion in a case decided in 1943 wherein he pointed out “a continuation of the gradual process of judicial erosion which in one-hundred-fifty years has slowly worn away a major portion of the essential guarantee of the Seventh Amendment,” Galloway v. United States, 319 U.S. 372, 397 (U.S. 1943).

Facts of the case

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The Petitioner, Galloway, claimed that his mental insanity was caused by this involvement in the military and sued the Government. The District Court granted the Government's motion for a directed verdict and held for the Government, citing Petitioner's lack of sufficient evidence to prove his claim. Petitioner appealed, stating that his Seventh Amendment rights of the United States Constitution right to a jury trial was denied because of the directed verdict.

• Petitioner seeks benefits for total and permanent disability by reason of insanity he claims existed May 31, 1919. On that day his policy of yearly renewable term insurance lapsed for nonpayment of premium.

• No contention that plaintiff 's behavior was erratic prior to arrival in France for World War I

• Diagnosed with psychosis and other conditions in 1931 and 1934 at medical examinations

• Wife is guardian of his person and estate

• Admittedly, plaintiff is disabled by his insanity

• Plaintiff argues that strain of active service led to his mental breakdown

• Essential to this argument is view that it became total and permanent disability no later than May 31, 1919

Petitioner worked as a longshoreman in Philadelphia and elsewhere prior to enlistment in the Army November 1, 1917. He became a cook in a machine gun battalion. His unit arrived in France in April, 1918. He served actively until September 24. From then to the following January he was in a hospital with influenza. He then returned to active duty. He came back to the United States, and received honorable discharge April 29, 1919. He enlisted in the Navy January 15, 1920, and was discharged for bad conduct in July. The following December he again enlisted in the Army and served until May 1922, when he deserted. Thereafter he was carried on the Army records as a deserter.

In 1930 began a series of medical examinations by Veterans' Bureau physicians. On May 19 that year his condition was diagnosed as "Moron, low grade; observation, dementia praecox, simple type." In November, 1931, further examination gave the diagnosis, "Psychosis with other diseases or conditions (organic disease of the central nervous system — type undetermined)." In July, 1934, still another examination was made, with diagnosis: "Psychosis-manic and depressive insanity incompetent; hypertension, moderate; otitis media, chronic, left; varicose veins left, mild; abscessed teeth roots; myocarditis, mild."

Petitioner's wife, the nominal party in this suit, was appointed guardian of his person and estate in February, 1932. Claim for insurance benefits was made in June, 1934, and was finally denied by the Board of Veterans' Appeals in January, 1936. This suit followed two and a half years later.

Petitioner concededly is now totally and permanently disabled by reason of insanity and has been for some time prior to institution of this suit. It is conceded also that he was sound in mind and body until he arrived in France in April, 1918.

The theory of his case is that the strain of active service abroad brought on an immediate change, which was the beginning of a mental breakdown that has grown worse continuously through all the later years. Essential in this is the view it had become a total and permanent disability not later than May 31, 1919.

The evidence to support this theory falls naturally into three periods, namely, that prior to 1923; the interval from then to 1930; and that following 1930. It consists in proof of incidents occurring in France to show the beginnings of change; testimony of changed appearance and behavior in the years immediately following petitioner's return to the United States as compared with those prior to his departure; the medical evidence of insanity accumulated in the years following 1930; and finally the evidence of a physician, given largely as medical opinion, which seeks to tie all the other evidence together as foundation for the conclusion, expressed as of 1941, that petitioner's disability was total and permanent as of a time not later than May 1919.

Documentary exhibits included military, naval and Veterans' Bureau records. Testimony was given by deposition or at the trial chiefly by five witnesses. One, O'Neill, was a fellow worker and friend from boyhood; two, Wells and Tanikawa, served with petitioner overseas; Lt. Col. Albert K. Mathews, who was an Army chaplain, observed him or another person of the same name at an Army hospital in California during early 1920; and Dr. Wilder, a physician, examined him shortly before the trial and supplied the only expert testimony in his behalf. The petitioner also put into evidence the depositions of Commander Platt and Lt. Col. James E. Matthews, his superior officers in the Navy and the Army, respectively, during 1920-22.

What happened in France during 1918-19 is shown chiefly by Wells and Tanikawa. Wells testified to an incident at Aisonville, where the unit was billeted shortly after reaching France and before going into action. Late at night petitioner created a disturbance, "hollering, screeching, swearing. . . . The men poured out from the whole section." Wells did not see the incident, but heard petitioner swearing at his superior officers and saw "the result, a black eye for Lt. Warner." However, he did not see "who gave it to him."[4] Wells personally observed no infraction of discipline except this incident, and did not know what brought it on. Petitioner's physical appearance was good, he "carried on his duties as a cook all right," and the witness did not see him after June 1, except for about three days in July when he observed petitioner several times at work feeding stragglers.

Tanikawa, Hawaiian-born citizen, served with petitioner from the latter's enlistment until September, 1918, when Galloway was hospitalized, although the witness thought they had fought together and petitioner was "acting queer" at the Battle of the Argonne in October. At Camp Greene, North Carolina, petitioner was "just a regular soldier, very normal, . . . pretty neat." After reaching France "he was getting nervous . . ., kind of irritable, always picking a fight with other soldiers." This began at Aisonville. Tanikawa saw Galloway in jail, apparently before June. It is not clear whether these are references to the incident Wells described.

Tanikawa described another incident in June "when we were on the Marne," the Ger

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