The contributory negligence of the plaintiff bars his recovery although damages were assessed upon the third issue. Baker v. R. R., 118 N. C., 1015; Sasser v. Lumber Co., 165 N. C., 242; McKoy v. Craven, 198 N. C., 780; Allen v. Yarborough, 201 N. C., 568. We find' nothing inconsistent in the verdict and his Honor’s refusal to set it aside as a matter of discretion is not reviewable.

There is no reversible error in the instruction complained of. The ordinance referred to is practically the same as the State law. Code, 1931, sec. 2621(58).

No error.