This appeal was heard upon the record, briefs of counsel for respective parties, and oral argument by counsel for appellee, no counsel appearing for appellant;

*373 And the Court being advised, it is ordered that the judgment of the District Court be- and is affirmed. Cantenbury v. Pennsylvania Railroad Co., 158 Ohio St. 68, 107 N.E.2d 115; Smiley v. Arrow Spring Bed Co., 138 Ohio St. 81,33 N.E.2d 3, 133 A.L.R. 960.