concurring in part and dissenting in part:
I do not think that damages to the automobile should be allowed for the reason that the plaintiff took an assignment of this claim from the owner of the car. No suit can be based on an assignment of a claim. United States Code Annotated Title 28, Sec. 265 (Judicial Code, Section 159).
Except for this item, I concur in the majority opinion.
Jones, Judge, took no part in the decision of this case.