The opinion
On Petition to Rehear
HOWARD, J.
Defendant, Capital Airlines, Inc., has filed petition to rehear in which it is respectfully requested that we (1) respond to the 9th assignment of error, and (2) disallow interest on the judgment.
By the 9th assignment of error it is urged “that the verdict of $110,000.00 was excessive as a matter of law because the best proof of the plaintiff under the Michigan Wrongful Death Act would have entitled her to a maximum recovery of about $97,500.00.”; that under the circumstances the trial Judge erred in refusing defendant a new trial.
As pointed out in our original opinion, the decedent’s “salary for the year 1957 amounted to $7,347.15, two-thirds of which, according to the plaintiff, he contributed to her and Dianne’s support.” There was also proof, undisputed, that decedent was capable of earning in excess of $9,000 a year as a salesman.
Based upon what the decedent’s family was accustomed to receiving, and taking into consideration what they had reasonable expectation of receiving during his life expectancy of 42.15 years, we cannot arbitrarily say as matter of law that the amount awarded by the jury was excessive under the proof. Therefore, the 9th assignment of error is overruled.
*655 Regarding interest, T. C. A. see. 47-1610 provides that “Interest shall be computed on every judgment from the day on which it was entered of record.In-construing the above statute, our Courts have held that interest shall be computed from the date of judgment overruling motion for a new trial. Monday v. Millsaps, 197 Tenn. 295 , 271 S. W. (2d) 857 ; Tenn. Elec. Power Co. v. Hanson, 18 Tenn. App. 542 , 79 S. W. (2d) 818 .
Accordingly, for reasons indicated, .the petition to rehear is denied at petitioner’s costs.
McAmis, P. J., and Hale, J., concur.