We hold that the ordinance of the city of Dunkirk (Dunkirk City Ordinances, chap. 5, § 3) is valid, *Page 159 and is not rendered unlawful by Penal Law, section 1985.
We think, however, that the evidence fails to establish that the locomotive was intentionally suffered to remain standing upon the crossing.
The judgment should be affirmed.
CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN and KELLOGG, JJ., concur; O'BRIEN, J., not sitting.
Judgment affirmed.