The district court concluded, on the authority of Atlantic Coast Line R. Co. v. Futch, 5 Cir., 263 F.2d 701, certiorari denied 360 U.S. 935, 79 S.Ct. 1456, 3 L.Ed. 2d 1547, that the plaintiff had failed to make out a case of liability of the defendant and directed a verdict for the defendant on which judgment was entered. We agree that the cited case is controlling and the judgment of the district court is, therefore.

Affirmed.