(dissenting).
I believe we should affirm. The trial court, sitting without a jury, heard and saw the witnesses, made a personal inspection of the premises involved, delivered a lengthy oral opinion, made exhaustive findings of fact, and concluded that the defendant [appellee] was not negligent, but that, even if it were, the plaintiff [appellant] was contribuíorily negligent and did not use ordinary and reasonable care for his own safety. I think that not only was the action of the trial court not “clearly erroneous,” under Rule 52(a), F.R.Civ.P. 28 U.S.C.A., but that it was clearly correct. United States v. Yellow Cab Co., 1949, 338 U.S. 338, 70 S.Ct. 177, 94 L.Ed. 150; United States v. United States Gypsum Co., 1948, 333 U.S. 364, 68 S.Ct. 364, 92 L.Ed. 746.