Bjornson

Appellant, who is a seaman, recovered judgment against his employer for personal injuries sustained in the performance of his duties on shipboard. The action was tried toi the court without a jury. The court found appellant’s damages for loss of wages and pain and suffering to be $1500 but reduced the amount awarded to $750 on account of contributory negligence of appellant. The sole question presented by the appeal is whether the court erred in finding that appellant suffered no permanent disability.

The civil rules direct that “Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.” Fed. Rules 'Civ.Proc. rule 52(a), 28 U.S.C.A. By the quoted provision the civil rules adopted the then prevailing equity practice. The provision as construed 'by the courts, does not mean that even when supported by substantial evidence and based upon oral testimony the findings of the trial court shall be conclusive. And it does not mean that the reviewing court shall determine from the record where the weight of the evidence lies. 'It is not clearly erroneous for the trial…