¶1Walker & Hooker, of Nashville, Tenn., and Mack C. Simpson, of Waverly, Tenn., for appellant.
¶2Jay G. Stephenson, R. H. Brazzell, J. G. Lackey, Jr., and Ferris C. Bailey, all of Nashville, Tenn., for appellee.
¶3Before ALLEN, McALLISTER, and MILLER, Circuit Judges.
¶5This case was heard on the record, briefs and oral argument of counsel; and it appearing that the findings of fact of the trial court are not clearly erroneous; and no error appearing in the Court’s conclusions of law, Sect. 2695(a) (c), Tennessee Code Supplement 1941; Inter-City Trucking Co. v. Daniels, 181 Tenn. 126, 178 S.W.2d 756; Huntsman Brothers, Inc., v. Grocers Baking Co., 12 Tenn.App. 535; Main Street Transfer & Storage Co. v. Smith, 166 Tenn. 482, 63 S.W.2d 665; and the issue of excessive damages being one for the District Court upon the motion for a new trial, Chapman & Dewey Lumber Co. v. Hanks, 6 Cir., 106 F.2d 482, 486; Sinclair Refining Co. v. Bennett, 6 Cir., 123 F.2d 884, 887; and the action of the trial court in overruling appellant’s motion for a new trial not appearing to be an abuse of its discretion in the matter; it is ordered that the judgment of the District Court be, and is, affirmed.