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. " ..... ■ •