Examination of plaintiff’s testimony, the only liability evidence offered, confirms the holding of Judge McIIvaine in the district court, that it does not present a jury question as to the negligence of the defendant. Rogers v. Missouri Pacific Railroad Co., 1957, 352 U.S. 500, 506, 77 S.Ct. 443, 1 L.Ed.2d 493; Zegan v. Central Railroad of New Jersey, 3 Cir., 1959, 266 F.2d 101, 104.

The judgment of the district court will be affirmed.