D'Agostino v. Pennsylvania Railroad

The opinion of the court was delivered by

Fort, J.

The plaintiff’s intestate was employed by the defendant as a track laborer. On March 18th, 1902, he was working on the tracks of the company at Waverly. There are several paralleling tracks at this point. At the time he was killed the deceased was working upon track No. 5. The gang of which the deceased was a member was worldng on tracks Nos. 3, 4 and 5. Deceased was engaged in sorting loose stones from the earth on track No. 5,.which was the drill track, and throwing the stones, when sorted, on track No. 4, which is the westbound passenger…