A Digest of Opinions of the Judge Advocates General of the Army, 1912

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II A 1. In a case of alleged disability the company commander and post surgeon are required to investigate the circumstances connected therewith and to determine, as a result of such investigation, whether the disability was or was not incurred in the line of duty.^ Held, that such a determination of fact reached by military officers in the per- formance of their duty would under ordinary circumstances be regarded as conclusive, provided, always, that when possible the man has been accorded a h
...earing. 0. 1S077, Aug. M, 1092; 17202, Dec. 1 , 1904.
II A 1 a. Disability, though not caused by misconduct, may be caused by something outside of the line of duty, as, for instance, loss of life whUe trying to save another's life. C. 101, July 28, 1894; 12423, Apr. 19, 1902.
II A 1 b (1). In cases of apparent contributory neghgence, Jield, that the disability is in line of duty if the soldier has used that reasonable degree of care and diligence which a man of ordinary prudence and capacity might be expected to exercise under the same circumstances.^ a 12370, Apr.


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