Conceding without deciding that the death of plaintiff’s intestate was caused by the negligence of the defendant, as alleged in the complaint, we are of opinion that all the evidence shows that plaintiff’s intestate by his failure to exercise due care for his own safety, under the circumstances confronting him at the time he was injured, contributed to the injuries which resulted in his death.

Eor this reason there is no error in the judgment dismissing the action.

On the authority of Rimmer v. R. R., ante, 198, and cases therein cited, the judgment is

Affirmed.