about seventy-six (76) feet easterly from the said cross-road leading to Chatham from said main road between East Chatham and Chatham Centre; one, sixteen (16) inches in diameter, at a point near the junction of said main road as altered with the said cross-road as altered leading to Old Chatham from said main road; and one, twenty (20) inches in diameter, at a point about one hundred and seventy (170) feet easterly from the southeasterly line of the railroad location.

A drain-pipe twenty-four (24) inches in diameter shall be laid from the southerly end of said last described iron pipe culvert eastwardly on the southerly side of said main road for a distance of one hundred and forty (140) feet as shown upon the plan hereinafter described:

Wherever the grade of said main road as altered or of said cross-road as altered leading to Old Chatham exceeds five (5) feet in one hundred feet; gutters three (3) feet wide shall be provided upon each side thereof constructed of cobble paving stones.

At the junction of the said cross-road leading to Chatham with the said main road between East Chatham and Chatham Centre the necessary grading shall be done to make proper and convenient connections between said main road in is present location and said main road as altered.

Suitable pipe culverts shall be provided under the roadways at said junction as shown upon the plan hereinafter described.

The bridge over said main road as altered shall have a clear span of not less than twenty (20) feet measured at right angles with the centre line of said main road. It shall be built of steel with a tight floor composed of two layers of boards one inch in thickness so laid as to break joints.

Said bridge shall be supported on abutments of quarry face ashler masonry with suitable packing, or of Portland cement concrete.

Suitable fences not less than three (3) feet six (6) inches high shall be built upon both sides of said main road as altered and of said cross-road as altered .eading from said main road to Old Chatham.

Substantial wooden railings not less than three (3) feet six (6) inches high shall be built upon both sides of the roadways of said main road as altered and of said cross-road as altered so far as said roadways are in embankment.

We decide and specify that so much of said main road between East Chatham and Chatham Centre as at present laid out as lies within the location of the Boston and Albany railroad and so much of said cross-road leading from said main road to Old Chatham as at present laid out as lies within the location of the Boston and Albany railroad shall be discontinued upon the completion of the alterations herein ordered.

We file herewith as a part of our decision showing the alterations herein decided upon a plan entitled "Plan and Profiles for the Separation of Grades at Cady's Crossings, Chatham, New York," dated August 25, 1904, and signed by us. (Grade Crossing Case No. 494.)

See p. 135, 1st vol. 1904 report of this Board. At the time of writing this report detail plans, specifications and proposals of contractors for this work have not yet been submitted to this Board for approval although it is intended that they shall be in the near future and the work be begun in the spring.

IV.

IN THE MATTER OF THE APPLICATION OF THE PITTSBURG, SHAWMUT AND NORTHERN RAILROAD COMPANY, UNDER SECTION 60 OF THE RAILROAD Law,

FOR A DETERMINATION OF THE MANNER IN WHICH ITS SINGLE TRACK RAILROAD SHALL CROSS STREETS AND HIGHWAYS IN CATTARAUGUS AND ALLEGANY COUNTIES.

Determination. January 3, 1905.

This application, by The Pittsburg, Shawmut and Northern Railroad Company, under section 60 of the Railroad Law, was filed with this Board on

August 10, 1904. The applicant asks the Board to determine the manner in which its single track railway shall cross the following streets and highways in Cattaraugus and Allegany counties, to wit:

Cattaraugus County-Town of Portville.

1. The highway known as the Portville-Bolivar highway,-near premises formerly owned by Alma Coats.

Allegany County-Town of Genesee.

2. The highway known as the Wilson Brook road,-at Bowler's station. 3. The highway known as the Slater-Brook road,—at or near premises owned by Charles W. Fairbank.

4. The highway known as the Windfall Brook road,-leading from Little Genesee.

5. The highway leading from the Portville-Bolivar highway to the Windfall Brook highway,-at a point known as Hall's crossing.

Village of Bolivar.

6. The highway known as Pleasant street.

7. The highway known as the Merritt Hollow or Salt Rising road. 8. The highway known as Main street.

Village of Richburg.

9. The highway situated at a point about 250 feet southerly from the next highway mentioned herein.

10. The highway known as the Richburg Hill road,-at the depot of the applicant in Richburg.

Town of Wirt.

11. The highway known as the Hell Hollow highway.

12. The highway known as the East Notch highway.

13. The highway leading easterly from the main Friendship-Bolivar-West Noten highway and sometimes called the Benjamin Worth road.

14. The highway known as the Calvin Wheeler road,-at the Wirt Center station of the applicant.

15. The highway extending from the West Notch road to premises known as the Wyant lands.

16. The highway known as the Voorhees road.

17. The highway known as the West Notch highway,-on premises owned by W. W. Potter.

18. The highway known as the Mulkin road.

19. The highway sometimes called the Hicks road,-at or near the Snyder premises.

20. The highway leading from the hamlet of Nile to Clarksville.

Town of Friendship.

21. The highway known as the North Branch road,-at or near premises formerly owned by Renwick.

22. The highway known as the White road,-near premises now or formerly owned by Gardner.

23. The highway known as the McCarthy road.

24. The highway known as the Higgin's Mill road.

25. The highway known as the Hess road.

26. The highway known as the Transit road.

27. The highway known as the Old Plank road.

Public hearings in the matter were held by this Board in Niagara Falls on August 25, 1904, and before Commissioner Baker (by delegation of the Board) in Bolivar on November 29, 1904. Frank Sullivan Smith, W. T. Bliss and James T. Ward appeared for the applicant; E. M. Worth and DeMerville Page appeared for the village in opposition to crossing at grade at Main street in the village of Bolivar; A. L. Elliott appeared for the town of Wirt in relation to the Hell Hollow road crossing (No. 11), the Voorhees road crossing (No. 16), the West Notch road crossing (No. 17) and the Richburg Hill road crossing (No. 10). The evidence was closed at the hearing on November 29. At the hearing on November 29 Mr. Elliott did not appear nor was there any other appearance on behalf of the town of Wirt, and it was announced by counsel for the applicant that it was their understanding that there is no opposition on the part of said town to the granting of the application.

The crossings in question are constructed, this portion of the railroad being a relocated line. It was supposed by the company and by this Board that section 60 did not apply to a relocated line. However, the courts have otherwise decided, and this application was made here. The crossing as to which content.on exists is the Main street crossing in Bolivar, the village desiring that this crossing be made an undercrossing. It is now a grade crossing.

From the evidence the Board does not believe that it is practicable to carry Main street under the railroad in a proper undercrossing, because of the impossibility of draining such undercrossing. We are convinced that were an undercrossing with a clear headroom of 14 feet constructed, it would be found impossible to so drain it that it could be used with reasonable freedom by the public. Were the headroom to be less than 14 feet, very serious drainage difficulties would still be encountered and the lower headroom would interfere seriously with traffic on the street, which traffic is peculiar to an oil country, and includes oil-well appliances such as tanks, bullwheels and auger stems, which when loaded upon wagons cannot pass through an opening underneath the track, sufficiently shallow to admit of drainage. This is borne out by the action of the board of trustees of the village of Bolivar in requiring an opening having a vertical clearance of 15 feet and a width of 30 feet. To raise the railroad to obtain sufficient headroom and escape drainage difficulties would increase the controlling grade to an extent which would greatly reduce the loads which could be hauled over the railroad at this point. There is a good view at he existing crossing for a distance on both highway and railroad in botn directions, from one-quarter to half a mile. The number of trains run is not large. Upon the hearing no proof whatever was offered to show that any accident has occurred upon the crossing although the same has been in operation for upward of two years, nor that any accident has been narrowly averted. The testimony of all witnesses produced upon the hearing was to the effect that the crossing is as free from cause of criticism as any grade crossing can be.

After consideration of the evidence this Board hereby determines, under section 60 of the Railroad Law, that it would be impracticable for the single track railroad of The Pittsburg, Shawmut and Northern Railroad Company to cross otherwise than at grade the streets and highways in Cattaraugus and Allegany counties hereinafter named except where a method of crossing otherwise than at grade is hereinafter named and in such cases this Board hereby determines that said crossings by said single track railroad shall be over or under the street or highway as hereinafter set forth:

Cattaraugus County-Town of Portville.

1. At grade the highway known as the Portville-Bolivar highway,-near premises formerly owned by Alma Coats.

Allegany County-Town of Genesee.

2. At grade the highway known as the Wilson Brook road,-at Bowler's station.

3. At grade the highway known as the Slater-Brook road, at or near premises owned by Charles W. Fairbank.

4. At grade the highway known as the Windfall Brook road,—leading from Little Genesee.

5. At grade the highway leading from the Portville-Bolivar highway to the Windfall Brook highway,-at a point known as Hall's crossing.

Village of Bolivar.

6. At grade the highway known as Pleasant street.

7. At grade the highway known as the Merritt Hollow or Salt Rising road.

8. At grade the highway known as Main street.

Village of Richburg.

9. At grade the highway situated at a point about 250 feet southerly from the next highway mentioned herein.

10. At grade the highway known as the Richburg Hill road,—at the depot of the applicant in Richburg.

Town of Wirt.

11. Over the grade of the highway known as the Hell Hollow highway. 12. Over the grade of the highway known as the East Notch highway. 13. At grade the highway leading easterly from the main Friendship-BolivarWest Notch highway and sometimes called the Benjamin Worth road.

14. At grade the highway known as the Calvin Wheeler road,-at the Wirt Center station of the applicant.

15. At grade the highway extending from the West Notch road to premises known as the Wyant lands.

16. Over the grade of the highway known as the Voorhees road.

17. Over the grade of the highway known as the West Noten highway,—on premises owned by W. W. Potter.

18. At grade the highway known as the Mulkin road.

19. At grade the highway sometimes called the Hicks road,-at or near the Snyder premises.

20. Over the grade of the highway leading from the hamlet of Nile to Clarksville.

Town of Friendship.

21. At grade the highway known as the North Branch road,-at or near premises formerly owned by Renwick.

22. At grade the highway known as the White road,―near premises now or formerly owned by Gardner.

23. At grade the highway known as the McCarthy road.

24. At grade the highway known as the Higgin's Mill road.

25. At grade the highway known as the Hess road.

26. Over the grade of the highway known as the Transit road.

27. At grade the highway known as the Old Plank road.

(Grade Crossing Case No. 502.)

As stated above, these crossings are constructed.

V.

IN THE MATTER OF THE PETITION OF THE TOWN BOARD OF THE TOWN OF GEDDES, ONONDAGA COUNTY, UNDER SECTION 62 OF THE RAILROAD LAW.

Determination as to Division of Expense. January 12, 1905.

The New York Central and Hudson River Railroad Company, for itself and its lessor, the West Shore Railroad, and the Delaware, Lackawanna and

Western Railroad Company (Oswego and Syracuse Railroad, lessor), in pursuance of a determination of this Board in this matter, dated April 15, 1902, are to bear, under the statute, 50 per centum of the cost of the work under said determination.

This Board hereby determines, under section 65 of the Railroad Law, that the 50 per centum of the expense to be borne by the New York Central and Hudson River Railroad Company, for itself and its lessor, the West Shore Railroad, and by the Delaware, Lackawanna and Western Railroad Company (Oswego and Syracuse Railroad, lessor,) under a determination of this Board dated April 15, 1902, unaer section 62 of the Railroad Law, in the matter of this petition, shall be divided between and borne by the New York Central and Hudson River Railroad Company and the Delaware, Lackawanna and Western Railroad Company on the basis of length of right of way crossed of each company to total length of bridge.

VI.

Supplemental Determination as to Division of Expense. October 11, 1905.

On January 12, 1905, this Board determined, under section 65 of the Railroad Law, "That 50 per centum of the expense to be borne by the New York Central and Hudson River Railroad Company, for itself and its lessor, the West Shore Railroad, and by the Delaware, Lackawanna and Western Railroad Company (Oswego and Syracuse Railroad, lessor,) under a determination of this Board, dated April 15, 1902, under section 62 of the Railroad Law, in the matter of this petition, shall be divided between and borne by the New York Central and Hudson River Railroad Company and the Delaware, Lackawanna and Western Railroad Company on the basis of length of right of way crossed of each company to total length of bridge."

Subsequently the Delaware, Lackawanna and Western Railroad Company asked for a hearing as to this division of expense notwithstanding that before the determination thereof this Board had received the following letter from the chief engineer of said company:

"I received a recent communication from Mr. Fernstrom, Chief Engineer of the New York Central, in reference to putting in permanent construction at the end of Van Vleck Road viaduct, at Syracuse, and advise you that I have had the question of division of expense for the work up with our people, and will say that we will stand for our proportional cost of this work as well as the expense for the entire structure to be borne by this company and the New York Central on the basis of length of right of way crossed, and it will not be necessary, so far as we are concerned, to have a further hearing in the matter."

As requested, hearings were given by this Board on February 17, August 29 and September 22, 1905, at which both companies were represented, and eviuence given as to the division of expense.

After consideration of this matter this Board does not believe that it should modify its said determination of January 12, 1905, as to division of the 50 per centum of the cost of said work between the New York Central and Hudson River Railroad Company and the Delaware, Lackawanna and Western Railroad Company and it hereby refuses to modify said determination. (Grade Crossing Case No. 174.)

See page 82, 1st vol., 1902, report of this Board.