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TWENTY-THIRD ANNUAL REPORT OF THE

The Grade Crossing Law.

The Grade Crossing Law (which amends the Railroad Law, sections 60-69) provides as follows:

1. In section 60, that "all steam surface railroads, hereafter built except additional switches and sidings, must be so constructed as to avoid all public crossings at grade, whenever practicable so to do * * * and the said board (of railroad commissioners) shall determine whether such crossings shall be under or over the proposed railroad, except where said board shall determine such method of crossing to be impracticable."

2. In section 61, that no new street, avenue or highway shall be constructed across a steam railroad except in a manner to be determined by this Board.

3. In section 62, a method for abolishing existing grade crossings of steam railroads.

The provisions of the act also apply to "all existing or future steam surface railroads, on which, after the passage of this act, electricity or some other agency than steam shall be substituted as a motive power."

The cost of building new steam railroads at grade or over or under the grade of streets, avenues or highways must be borne by the company. The cost of building new street, avenue or highway crossings at grade or over or under the grade of steam railroads must be borne, half by the company and half by the municipality. The cost of abolishing existing street, avenue or highway grade crossings of steam railroads must be borne, 50 per cent. by the company, 25 per cent. by the State and 25 per cent. by the municipal corporation.

The law also provides (in section 68) that "all steam railroads. hereafter constructed across the tracks of any other railroad and any street surface railroad hereafter constructed across a steam railroad shall be above, below or at grade of such existing railroad as the board of railroad commissioners shall determine, and such board shall in such determination fix the proportion of expense of such crossing to be paid by each railroad."

Many crossings in Buffalo and some on the Long Island railroad and Brooklyn Heights electric railroad in Brooklyn have been changed from grade under special acts, which work is continuing and in the cost of which the State does not participate. On the Harlem River and Port Chester branch of the New York, New Haven and Hartford railroad a number of crossings are now being changed from grade without expense to the State or communities.

The Schenectady grade crossing work (in which the State participates) is well along toward completion, with the result that in about a year's time there will probably be no grade crossings of steam railroads in Schenectady.

The New York Central and Hudson River Railroad Company contemplates the elimination of all grade crossings of its Hudson River line from Croton to New York city and of its Harlem line from North White Plains to New York city. The State is asked to participate in the cost of this work. The Board has presented a special report to the Governor in this matter.

The appropriations made by the State to pay its one-quarter share of grade crossing eliminations are comparatively small, but a fair beginning has been made, and it is probable that larger appropriations will be made as soon as the finances of the State will permit.

Following will be found a statement of every determination (where a crossing was to be closed or changed from grade) under section 62 made by this Board, to the time of writing this report, except as to one crossing in the town of Alfred, Allegany county, which was closed in 1897, and one crossing in Binghamton, which was closed in 1898, both without expense to the State. This statement is divided by years, except that the determination made in 1898 are included under the title "1899." It will be seen that work has not been begun at a few of the crossings; that some determinations have been annulled; that three have been turned over to the attorney-general for his action because of failure of local authorities to acquire necessary land, and that the work at others of the crossings is proceeding. The width of bridges carrying the street or highway given is from center to center of trusses. It will also be seen from this statement that 151 grade crossings of steam railroads have either been changed from grade or the crossings closed. In 7 instances farm gates have been erected where an open crossing existed before. In 2 instances crossings have been closed to vehicles while being left open to foot passengers. Counting these farm crossings and pedestrian crossings the total number of crossings now closed or changed from grade under this statute is 160. In some other instances grade crossings have been closed and others and safer grade crossings differently located have been opened.

1899.

1. Under-crossing of the New York Central and Hudson River Railroad, in the village of Shortsville. This work is completed. The total cost was $5,598.40. The State's proportion, which has been paid, was $1,399.60. The under-crossing is 22 feet wide between abutments; clear headroom, 12 feet. The bridge carrying the railroad is of steel. (General Case No. 1914.)

2.

One over-crossing and discontinuance of two other crossings at Brookview on the Boston and Albany Railroad. This work is completed. The total cost was $24,459. The State's proportion, which has been paid, was $6,114.75. The two bridges carrying the highway are of steel; one 73 feet 4 inches long, and the other 25 feet 1 inches long; the first 27 feet 1 inch wide, and the other 26 feet 6 inches wide, with a sidewalk of 5 feet 9 inches. The approaches to the bridges are about 292 and 455 feet long on one side, and about 200 feet long on the other side and about 25 feet wide. The clearance from top of rail is 18 feet. One bridge carries the highway over the railroad and the other bridge, connecting with the first, carries it over another highway. (Grade crossing Case No. 4.)

3. Two grade crossings of the Mohawk and Malone branch of the New York Central and Hudson River Railroad, near the Lake Clear station, closed, and connecting piece of highway constructed. This work is completed. The total cost was $353.53. The State's proportion, which has been paid, was $88.38. (Grade Crossing Case No. 13.)

4. Three grade crossings of the New York, Ontario and Western Railway, near the Solsville station on said railway, closed. This work is completed. New pieces of highway were constructed. The total cost was $4,300.66. The State's proportion, which has been paid, was $1,075.16. (Grade Crossing Case No. 8.)

5. Closing of two grade crossings of the New York, Ontario and Western Railway, at Liberty, and the construction of a bridge over the railway. This work is completed. The total cost was $3,774.78. The State's proportion, which has been paid, was $943.69. The bridge is wood, 102 feet long and 17 feet wide. New pieces of highway were also constructed. (Grade Crossing Case No. 2.)

6. Changing the Bridge street crossing of the New York Central and Hudson River Railroad in the village of St. Johnsville, from grade to an over-crossing. This work is completed. The total cost was $31,246.29. The State's proportion, which has been paid, was $7,811.57. The bridge over the tracks (steel) is 122 feet long and 25 feet wide, with one sidewalk 5 feet wide. Clear height above rail, 21 feet. The approaches are 24 feet wide, and, on one side, are about 240 feet long and on the other side about 575 and 480 feet long. The north approach is partially steel and partially fill retained by walls; the steel portion is 120 feet long, and the filled portion about 120 feet long. The south approaches are fills retained by side walls. (Grade Crossing Case No. 15.)

7. Closing of the lower Meekerville road grade crossing of the Mohawk and Malone branch of the New York Central and Hudson River Railroad, in the town of Forestport, Oneida county. This crossing has been closed and a new piece of highway constructed, connecting with the Upper Meekerville road grade crossing of the railroad. The total cost was $1,039.66. The State's

proportion, which has been paid, was $259.91. (Grade Crossing Case No. 14.) 8. Closing of a crossing of the New York Central and Hudson River Railroad, in the town of Glenville, Schenectady county known as Rector's crossing, and the construction of a new piece of highway connecting with an existing grade crossing which is protected by gates. This work is completed. The total cost was $1,357.01. The State's proportion, which has been paid, was $339.25. (Grade crossing Case No. 11.)

9. Closing of two grade crossings of the New York, Ontario and Western Railway known as the Roots and Milk Station Crossings, at Guilford, and the construction of a bridge and connecting pieces of highway. This work is completed. The (steel) bridge (which is across the outlet of Guilford lake) is 96 feet long and 16 feet wide. The total cost was $7,096.26. The State's proportion, which has been paid, was $1,774.06. Since this payment a further sum of $600 was paid for land damages, of which amount the State paid its proportion, viz., $150. (Grade Crossing Case No. 9.)

10. Changing the Ridge road grade crossing of the Buffalo, Rochester and Pittsburgh Railway, in the town of West Seneca, Erie county, from grade to an overhead crossing. This work is completed. The bridge (steel) is 35 feet long and 40 feet wide; clear headroom, 21 feet. The total cost was $13,439.86. The State's proportion, which has been paid, was $3,359.96. (Grade Crossing Case No. 6.)

11. Changing the Jamestown street grade crossing of the Erie Railroad, in the village of Randolph, Cattaraugus county, to an under-crossing, and closing

the Fifth avenue grade crossing of the railroad and diverting the travel therefrom by the construction of a new piece of highway to the Jamestown street undercrossing. This work is completed. The under-crossing at Jamestown street is 30 feet wide between abutments. The clear headroom is 12 feet. The bridge carrying the railroad is of steel. The connecting piece of highway is 50 feet wide and 625 feet long. The total cost was $13,551.28. The State's proportion, which has been paid, was $3,387.82. (Grade Crossing Case No. 17.)

12. Changing the Ireland road crossing of the Erie Railroad, in the town of Randolph, Cattaraugus county, from a grade crossing to an under-crossing. This work is completed. The under-crossing is 24 feet wide between abutments. The clear headroom is 12 feet. The bridge carrying the railroad is of steel. The total cost was $5,051.51. The State's proportion, which has been paid, was $1,262.88. (Grade Crossing Case No. 16.)

13. Changing the Woodlawn avenue grade crossing of the Erie Railroad, in the city of Elmira, to an under-crossing, and closing the Reformatory street crossing and connecting it, by the construction of a new piece of street, with the under-crossing at Woodlawn avenue. This work is completed. The undercrossing is 50 feet wide between abutments, with two sidewalks each 10 feet wide. The clear headroom is 12 feet. The bridge carrying the railroad is of steel. The highway connecting the streets is 50 feet wide. The total cost was $23,687.65. The State's proportion, which has been paid, was $5,921.91. (Grade Crossings Cases Nos. 22 and 31.)

14. Changing the Crosby road grade crossing of the Western New York and Pennsylvania Railway, in the town of Holland, Erie county, from grade to an over-grade crossing. This work is completed. The total cost was $2,297.09. The State's proportion, which has been paid, was $574.27. The bridge is of steel, 87 feet 2 inches long and 16 feet wide. The approaches are 18 feet wide, and on one side are about 150 feet long and on the other side about 250 feet long. The clearance from top of rail is 20 feet. (Grade Crossing Case No. 24.)

15. Closing of two grade crossings of the Buffalo, Rochester and Pittsburgh Railway, near its station known as Hardy's or Pike, in Wyoming county, the highways being connected and carried over the railway by means of one bridge. This work is completed. The total cost was $5,417.25. The State's proportion, which has been paid, was $1,354.31. The bridge is of steel, 100 feet long and 20 feet wide. The approaches are 20 feet wide, and on one side are about 150 feet long and on the other side about 550 and 175 feet long. The clearance from top of rail is 20 feet 6 inches. (Grade Crossing Case No. 34.)

16. Closing of a grade crossing of the Buffalo, Rochester and Pittsburgh Railway by a highway known as the Guthrie road, near Mumford station on said railway, in Monroe county, and diverting the travel to an existing grade crossing. This work involved the building of a connecting piece of highway. It is completed. The total cost was $732.57. The State's proportion, which has been paid, was $183.14. (Grade Crossing Case No. 37.)

17. Changing the LeRoy and Roanoke road highway grade crossing of the Buffalo, Rochester and Pittsburgh Railway, at a point known as Haskins crossing, near LeRoy station, from grade to an overhead crossing. This work is completed. The total cost was $8,375.64. The State's proportion, which has been paid, was $2,093.91. The bridge is of steel, 100 feet long and 20 feet wide. The approaches are about 220 feet long on one side and about 200 feet long on the other side, and 20 feet wide. The clearance from top of rail is 20 feet 6 inches. (Grade Crossing Case No. 30.)

18. Closing of four grade crossings of the Buffalo, Rochester and Pittsburgh Railway, in the town of Colden, Erie county, and the construction of a new piece of highway. This work is completed. The total cost was $8,592.48. The State's proportion, which has been paid, was $2,148.12. (Grade Crossing Case No. 28.)

19. Closing of two grade crossings of the Dunkirk, Allegheny Valley and Pittsburgh Railroad, known as the Tracey and Lawson crossings, in the town of Carroll, Chautauqua county. The local authorities would not acquire the necessary land, and on February 5, 1903, this Board by order annulled the determination in this matter. (Grade Crossing Case No. 32.)

20. Changing of two grade crossings of the New York Central and Hudson River Railroad by Spencer street and Livingston avenue, in the city of Albany, to under-crossings. This work is completed. The total cost was $115,600.17.

The State's proportion, which has been paid, was $28,900.04. The Spencer street crossing is 50 feet wide between abutments; clear headroom, 12 feet. The Livingston avenue crossing is 67 feet wide between abutments; clear headroom, 12 feet. The bridges carrying the railroad are of steel. (Grade Crossing Case No. 3.)

21. Closing of the Division avenue grade crossing of the Long Island Railroad, in the town of Brookhaven, Suffolk county. This work is completed, a connecting piece of highway built to another grade crossing protected by gates, and the Division avenue crossing closed. The total cost was $4,202.57. The State's proportion, which has been paid, was $1,050.64. (Grade Crossing Case No. 42.) 22. Closing of a grade crossing of the Long Island Railroad by Smith's road, in the town of Hempstead, Nassau county. This crossing has not been closed, the municipal corporation not having acquired the necessary land. The Board has turned the matter over to the Attorney-General. (Grade Crossing Case No. 88.)

23. Closing of the Atlantic avenue grade crossing of the Long Island Railroad in Arverne, New York city. This crossing has been made a private crossing without expense to the State. (Grade Crossing Case No. 100.)

24. Closing of a crossing of the Long Island Railroad by Overton avenue, in the town of Islip, Suffolk county. This crossing has been made a farm crossing only, although the petition, under section 62 of the Railroad Law, was denied. (Grade Crossing Case No. 51.)

25. Changing the Trotting Course Lane grade crossing of the New York and Rockaway Railroad, in ward 2, borough of Queens, New York city, from grade to an over-crossing. The local authorities would not acquire the necessary land, and on February 5, 1903, this Board by order, annulled the determination in this matter. (Grade Crossing Case No. 53.)

26. Closing of a grade crossing of the Long Island Railroad at a point known as Hyde's crossing, in the town of Islip, Suffolk county. This crossing has been made a farm crossing only, although the petition, under section 62 of the Railroad Law, was denied. (Grade Crossing Case No. 52.)

27. Closing of a grade crossing of the Long Island Railroad by Jones avenue, near the Bellmore station on said railroad. This crossing has been closed, without expense to the State. (Grade Crossing Case No. 91.)

28. Closing of a grade crossing of the Long Island Railroad by a highway known as the Swamp road, in the town of Hempstead, Nassau county. This crossing has been closed and a new piece of highway constructed to another crossing at grade of the railroad, without expense to the State. (Grade Crossing Case No. 97.)

29. Changing the Abbott road grade crossing of the Buffalo, Rochester and Pittsburgh Railway, near its Windom station, Erie county, to an under-crossing. This work is completed. The total cost was $13,386.23. The State's proportion, which has been paid, was $3,346.56. The crossing is 31 feet wide between abutments; clear headroom, 13 feet. The bridge carrying the railroad is of steel. (Grade Crossing Case No. 108.)

30. Closing of a grade crossing of the Delaware, Lackawanna and Western Railroad by the Mount Morris road, in the town of Leicester, Livingston county, the travel thereon being diverted to an existing under-crossing by the construction of new pieces of highway. This work is completed. The total cost was $946.52. The State's proportion, which has been paid, was $236.63. (Grade Crossing Case No. 41.)

31. Changing the Bevier street (Binghamton) grade crossings of the Syracuse, Binghamton and New York Railroad and the Albany and Susquehanna Railroad to under-crossings. These under-crossings are completed. The one under the Albany and Susquehanna Railroad is 29 feet 6 inches wide between abutments, and the overhead clearance is 13 feet. The one under the Syracuse, Binghamton, and New York Railroad is 30 feet wide between abutments, and the overhead clearance is 13 feet 6 inches. The total cost of the one under the Albany and Susquehanna was $7,977.56. The State's proportion, which has been paid, was $1,994.39. The total cost of the other was $10,973.89. The State's proportion, which has been paid, was $2,743.47. The bridges carrying the railroads are of steel. (Grade Crossing Case No. 116.)

32. Closing of a grade crossing of the Long Island Railroad, in the town of Hempstead, Nassau county, by a highway known as Lafayette place. This

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