
    Robert E. Gnos, Respondent, v. Long Island Rail Road Company, Appellant.
    Supreme Court, Appellate Term, Second Department,
    October 16, 1947.
    
      David J. Mount an, Jr., and Louis J. Carruthers for appellant.
    
      Francis J. Gaff rey for respondent.
   Per Curiam.

Memorandum Plaintiff’s attempt to board the train under the circumstances disclosed was, in law, a negligent act which contributed to the happening of the accident. (Cf. Solomon v. Manhattan Ry. Co., 103 N. Y. 437.)

The judgment should be unanimously reversed upon the law and facts, with $30 costs to defendant, and complaint dismissed, with appropriate costs in the court below.

MacCbate, Steinbrink and Fennelly, JJ., concur.

Judgment reversed, etc.  