Wilbert v. Pittsburgh Consolidation Coal Co.

Opinion by

Mr. Justice Jones,

The plaintiff, an employee of the Pennsylvania Railroad Company, was injured while in the course of his *151employment by being thrown from the platform of a caboose upon which he was riding. The accident happened as the result of the derailment and overturning of the caboose at a point where the defendant coal company’s private road crossed the railroad track upon which the caboose was being backed by a shifting locomotive at the time of the derailment.

A short time after the accident the plaintiff received from the railroad company $12,500 for which he executed a…