This is an appeal from judgment reversing the compensation board in granting compensation. The facts are simple. Appellant, a miner, on the way to the mines where he was employed, had to cross a railway track about two hundred yards from the mine. Some miners used a public road crossing; others, a frequently used path over the tracks. While crossing on this path, appellant stumbled and was injured; he testified “I caught on the ties or rail; whether I caught on the top end of the tie or caught my toe, either one caught.” The railroad belonged not to appellant’s employer but to the H. & B. T. R. R. Co. The court below held, that as appellant was injured off his employer’s premises, and not in the course of his employment, he was not entitled to compensation ; we must agree, on the authority of Shickley v. P. & R. C, & I. Co. 274 Pa. 360, 362.

Judgment affirmed.