
    Elias Jonas, an Infant, Appellant, v. The Long Island Railroad Co., Respondent.
    (City Court of New York, General Term,
    April, 1897.)
    Negligence — Contributory.
    A passenger who goes upon the platform of a steam railroad car when it is running at a high rate of speed and meets with an "accident is guilty of contributory negligence.
    Appeal from a judgment in favor of the defendant, dismissing the complaint.
    The plaintiff, who was twenty years of age, left, his seat in a car of one of defendant’s trains, which was running at a high rate of speed, and went out .on the platform, intending to alight at the next station, and was thrown from the car platform hy the’ momentum of the train.
    Max Altmayer, for appellant.
    William J. Kelly, for respondent.
   Per Curiam.

We think the evidence above "shows that the plaintiff was guilty of. contributory negligence.

He had no right to take the place occupied by him while the defendant’s train was going at a high rate of" speed. . The complaint was dismissed because of the plaintiff’s, negligence and rightfully so, we think, and, therefore, judgment is affirmed, with costs.

Present: Van Wyck, Ch. J., and Fitzsimons, J.

Judgment affirmed, with costs. " ..... ■ •  