received no contradiction of the statement above quoted. A crossing at grade at the point in question (although not a regularly laid out crossing) has existed for some years.

After consideration of the evidence in this matter, this Board deems that it would be justified in determining that this crossing may be made at grade. This Board, therefore, hereby determines under section 61 of the Railroad Law that the crossing by a highway of the Carthage and Adirondack Railroad (leased to and operated by the New York Central and Hudson River Railroad Company) at or near Coffins mills in the town of Fine, St. Lawrence county, shall be at the grade of said railroad. (Grade Crossing Case No. 508.)

This crossing has been constructed.

111.

IN THE MATTER OF THE PETITION OF THE BOSTON AND ALBANY RAILROAD COMPANY (LEASED TO AND OPERATED BY THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY), UNDER SECTION 62 OF THE RAILROAD LAW, AS TO THE CADY'S GRADE CROSSINGS OF ITS RAILROAD IN THE TOWN OF CHATHAM, COLUMBIA COUNTY,

Modified Determination. December 21, 1904.

An order having been made on the 19th day of July, 1904, by the Board of Railroad Commissioners of the State of New York upon the petition of the Boston and Albany Railroad Company (leased to and operated by the New York Central and Hudson River Railroad Company), under section 62 of the Railroad Law as to the grade crossings of its railroad in the town of Chatham, Columbia county, known as Cady's crossings, ordering and directing that the same should be discontinued and an underground crossing substituted therefor as shown on the map attached to and made a part of said order of July 19, 1904, and in the manner in said order more fully set forth, and the said Boston and Albany Railroad Company (leased to and operated by the New York Central and Hudson River Railroad Company) desiring and requesting that said order of July 19, 1904, be amended to conform to the map hereto attached, and the description hereinafter contained, and for this purpose the petitioner, the Boston and Albany Railroad Company (leased to and operated by the New York Central and Hudson River Railroad Company) appearing by A. B. Gardenier its attorney, the town of Chatham by John J. Wilbor, its supervisor, not appearing but consenting thereto, and the admission and proof of service of notice of this application on Norman Cady and proof of service on Zimri Palmer, the only owners affected by this application, neither of them appearing, and after hearing all parties interested who have appeared on this application, and after due deliberation it is,

Ordered, That the said order of July 19, 1904, be and the same is hereby amended to read as follows:

That the crossing at grade of the main road between East Chatham and Chatham Centre in the Town of Chatham and the railroad of said company located about five thousand two hundred and eighty-five (5,285) feet southwesterly from the East Chatham passenger station on said railroad shall be closed and discontinued and the travel thereon shall be diverted to another crossing not at grade to be constructed so that said highway shall pass under the said railroad by a bridge about fifty (50) feet southwesterly from said existing crossing.

That the crossing at grade of the cross-road leading to Old Chatham from said main road between East Chatham and Chatham Centre and the railroad of said company located about five thousand and seventy-one (5,071) feet southwesterly from said East Chatham passenger station, shall be closed and discontinued and the travel thereon shall be diverted to the new crossing aforesaid by a new way to be constructed on the northwesterly side of said railroad connecting said cross-road with said main road; and we prescribe the manner and limits within which such alterations shall be made as follows:

The location of said main road shall be changed as follows: Beginning at an iron bolt set in the ground distant eighty-five and seventenths (85.7) feet southeasterly from the southeasterly corner of the dwellinghouse belonging to Zimri Palmer, and thirty-seven and eight-tenth (37.8) feet northeasterly from the northwesterly corner of the barn belonging to said Zimri Palmer and located on the southerly side of said main road, the centre line of the new location of said main road shall run south 87° west two hundred and sixty-two (262) feet to a point in the southeasterly side line of the location of the Boston and Albany railroad; thence running north 89° west across said location eighty-eight and forty-three one hundreths (88.43) feet; thence running north 79° 37' 30" west three hundred and thirty-two and eighty-eight one-hundredths (332.88) feet to a point in e southeasterly line of the cross-road leading to Chatham from said main road between East Chatham and Chatham Centre distant one hundred and fifty-six and ten one-hundredths (156.10) feet southwesterly from the southwestery corner of the dwelling-house of Norman Cady.

The following parcels of land are hereby taken for the new location of said highway:

Parcel No. 1 from Zimri Palmer.

Beginning at the intersection of the southwesterly line of said main road between East Chatham and Chatham Centre with the dividing-line between land of said Zimri Palmer and land of said Norman Cady; thence running southwesterly by said dividing-line thirty-four (34) feet to a stone monument set in the ground; thence running north 81° east one hundred and twelve and eighty-one one-hundredths (112.81) feet to a stone monument set in the ground on the said southwesterly line of said main road distant thirty-two (32) feet westerly from the said northwesterly corner of said barn belonging to said Palmer; thence running westerly by the said southwesterly line of said main road about one hundred and ten (110) feet to the place of beginning.

Parcel No. 2 from Norman Cady.

Beginning at the intersection of the said southwesterly line of said main road between East Chatham and Chatham Centre with the said dividingline between land of said Palmer and land of said Cady; thence running southwesterly by said dividing-line thirty-four (34) feet to a stone monument set in the ground; thence running north 89° 40' west one hundred and eleven and seventeen one-hundredths (111.17) feet to a stone monument set in the ground on the said southeasterly side line of the location of the Boston and Albany railroad; thence running northeasterly by the said southeasterly side line of said railroad location fifty-two (52) feet to the said southwesterly line of said main road; thence running easterly by ne said southwesterly line of said main road about ninety-three (93) feet to the place of beginning.

Parcel No. 3 from Norman Cady.

Beginning at the intersection of the northwesterly side line of the location of the Boston and Albany railroad with the southwesterly line of said main road between East Chatham and Chatham Centre; thence running southwesterly by the said northwesterly side line of said railroad location sixty-seven and four-tenths (67.4) feet to a stone monument set in the ground; thence running north 69° 36' west ninety (90) feet to a stone monument set in the ground; thence running north 81° 36' west two hundred and forty-five and six-tenths (245.6) feet to a stone monument set in the ground on the southeasterly line of said cross-road leading to Chatham from said main road between East Chatham and Chatham Centre; thence running northeasterly by the said southeasterly line of said cross-road fortyfive and eighty-three one-hundredths (45.83) feet; thence running north 88°

52' east thirty-six and eighty-five one-hundredths (36.85) feet; thence running south 81° 36' east one hundred and ninety-three and thirty-four one-hundreths (193.34) feet; thence running north 82° 42' east forty-one and fifty one-hundredths (41.50) feet to the said southwesterly line of said main road between East Chatham and Chatham Centre; thence running southeasterly by the said southwesterly line of said main road about sixty-seven (67) feet to the place of beginning.

The location of said cross-road leading to Old Chatham from said main road between East Chatham and Chatham Centre shall be changed as follows: Beginning at a point in the southwesterly line of said cross-road distant ninety-five (95) feet northwesterly from the centre line of the location of the Boston and Albany railroad, the centre line of the new location of said cross-road shall run south 22° 15' west three hundred and twentyeight and seventy-two one-hundreduns (328.72) feet to a point in the centre line of the new location of said main road between East Chatham and Chatham Centre distant twenty-six and fifty-six one-hundredths (26.56) feet westerly from the northwesterly side line of the said railroad location.

The following parcel of land belonging to said Norman Cady is hereby taken for the new location of said cross-road:

Beginning at a point on the southwesterly line of said cross-road distant twenty-six (26) feet northwesterly from the centre line of the new location of said cross-road; thence running southeasterly by the said southwesterly line of said cross-road fifty-one (51) feet; thence running south 22° 20' west one hundred and twenty-four and ninety-three one-hundredths (124.93) feet to a point distant twenty (20) feet southeasterly from the said centre line of said new location of said cross-road; thence running south 19° 45' west ninety-eight and thirty-four one-hundredths (98.34) feet to the northeasterly line of said main road between East Chatham and Chatham Centre; thence running northwesterly by the said northeasterly line of said main road sixty (60) feet; thence running north 32° 10′ east one hundred and twelve and thirty-two one-hundredths (112.32) feet to a point distant fifteen (15) feet northwesterly from the said centre line of said new location of said cross-road; thence running north 20° 26' east one hundred and fiftysix and thirty-eight one-hundredths (156.38) feet to the place of beginning. The said main road between East Chatham and Chatham Centre as altered shall pass under the tracks of said Boston and Albany railroad.

A suitable bridge shall be built over said main road as altered to support the tracks of said railroad with a clear headroom of not less than thirteen (13) feet between the grade of the highway and the underside of said bridge.

We specify the grades for said main road as altered and for said crossroad as altered, and the general method of construction as follows:

From a point in said main road as altered distant thirty-five (35) feet westerly from the centre line of the location of said railroad measured on the centre line of said main road as altered, the grade shall be level eastward until said level grade intersects the present grade of said main road, and from the said point distant thirty-five (35) feet westerly from the centre line of the location of the railroad the grade shall rise westwardly at a rate of eight and five-tenths (8.5) feet in one hundred feet to the present grade of said cross-road leading to Chatham from said main road between East Chatham and Chatham Centre.

The grade of said cross-road leading to Old Chatham as altered shall descend from its present grade southwesterly at a rate of five and two hundred and seventeen one-thousandths (5.217) feet in one hundred feet for a distance of one hundred and sixty-six (166) feet, thence the grade shall descend at a rate of eight (8) feet in one hundred feet to its junction with said main road between East Chatham and Chatham Centre as altered. Said main road as altered and said cross-road leading to Old Chatham as altered shall be graded to a width of twenty (20) feet.

The surface of the roadways is to be of good gravel ten (10) inches in depth with the proper crowning in the middle.

Three iron pipe culverts shall be built under and across said main road as altered located as follows: One, thirty (30) inches in diameter, at a point

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 1s 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.