Affirmed on authority of the principles announced in Hinnant v. R. R., 202 N. C., 489, 163 S. E., 555.

The case of Dickey v. R. R., 196 N. C., 726, 147 S. E., 15, is distinguishable in that the defendant’s train was there blocking the street in violation of a town ordinance.

Affirmed.