The judgment of the Supreme Court was entered November 17th 1879,

This case is not distinguishable from Mulherrin v. Delaware, Lackawanna and Western Railroad Co., 31 P. F. Smith 366. The side track here, though upon the property of the plaintiff’s employee, was nevertheless used by the defendant and by his license. The plaintiff below was therefore employed on or about the defendant’s road, and within the very terms of the Act of 1868.

Judgment affirmed.