
    JONES, Appellant, v. LONG ISLAND R. CO., Respondent.
    (City Court of New York, General Term.
    April 28, 1897.)
    Action by Elias Jones, an infant, against the Long Island Railroad Company.
    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.  