We hold that the ordinance of the city of Dunkirk (Dunkirk City Ordinances, chap. 5, § 3) is valid, *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.

Cabdozo, Ch. J., Pound, Ceane, Andeews, Lehman and Kellogg, JJ., concur; O’Bbien, J., not sitting.

Judgment affirmed.