VII. MODIFIED DETERMINATION IN THE MATTER OF THE APPLICATION OF THE BUFFALO AND SUSQUEHANNA RAILWAY COMPANY, UNDER SECTION 60 OF THE RAILROAD LAW, FOR A DETERMINATION OF THE MANNER IN WHICH ITS SINGLE TRACK RAILWAY SHALL CROSS STREETS, AVENUES AND HIGHWAYS IN THE COUNTY OF ALLEGANY. Modified Determination. January 12, 1905. Under date of June 14, 1904, this Board determined, under section 60 of the Railroad Law, how the single track railway of the Buffalo and Susque hanna Railway Company should cross streets, avenues and highways in the county of Allegany. On December 21, 1904, there was filed with this Board a petition of the town board of the town of Caneadea, Allegany county (concurred in by the Buffalo and Susquehanna Railway Company), asking that this Board modify its determination of June 14, 1904, so that the railway of the applicant shall cross at grade the highway in said town known as the Crawford Creek road instead of over the grade of said highway as set forth in said determination. A public hearing on said petition, after notice as required by the statute, was given by this Board in the city of Albany on January 4, 1905. Walter P. Cooke appeared for the company; no one appeared for the town. After hearing arguments the hearing was closed. Subsequent.y there was filed with the Board an affidavit of E. P. Lupfer, assistant chief engineer of the company, to which is attached a blue-print map, setting forth the conditions that would surround the crossing and its approaches if made at grade. It appearing to this Board that the prayer of the petitioner should be granted this Board, under section 60 of the Railroad Law, hereby modifies its said determination of June 14, 1904, so far as the Crawford Creek road highway in said town of Caneadea, Allegany county, is concerned, and hereby determines, under section 60 of the Railroad Law, that the single track railway of the Buffalo and Susquehanna Railway Company shall cross the said Crawford Creek road highway in said town of Caneadea, Allegany county, at grade instead of over the grade of said Crawford Creek road highway as determined in the determination of June 14, 1904. (Grade Crossing Case No. 479. See 1st vol., 1904, report of this Board, page 121.). VIII. MODIFIED DETERMINATION IN THE MATTER OF THE APPLICATION OF THE BUFFALO and Susquehanna RAILWAY COMPANY, UNDER SECTION 60 OF THE RAILROAD LAW, FOR A DETERMINATION OF THE MANNER IN WHICH ITS SINGLE TRACK RAILWAY SHALL CROSS STREETS, AVENUES AND HIGHWAYS IN THE COUNTY OF ALLEGANY. Modified Determination. June 28, 1905. Under date of June 14, 1904, this Board determined, under section 60 of the Railroad Law, how the single track railway of the Buffalo and Susquehanna Railway Company should cross streets, avenues and highways in the county of Allegany. On April 11, 1905, there was filed with this Board a petition of the town board and highway commissioner of the town of Amity, Allegany county (concurred in by the Buffalo and Susquehanna Railway Company), asking that this Board modify its determination of June 14, 1904, so that the Railway of the Buffalo and Susquehanna Railway Company shall cross above grade the highway in said town known as the P of at the grade of said highway as set forth in said de petition for modification also asks that a temporary overc railway may be constructed. The petition also asks that the highway shall have a width of 20 feet in the clear and clearance from the lowest part of the ge to the highw road instead sation. The to carry erossin ere sh feet. 1 lic hearing on said petition, after notice as required by the statute was gevan by this Board in the city of Auburn on June 28, Toon Wall P G... appeared for the petitioners and for the company After hearing arguments the bearing was closed. It appearing to the Boart that the prayer of the granted, this Board me bo of the Keilroad fow bunky morti its said determination me Me for on the Monk kout logbong d said town of Act IT Pr 2 and harby Lolmu under section 6 of way may be met. XI. IN THE MATTER OF THE APPLICATION OF THE ITHACA-CORTLAND TRACTION COMPANY, UNDER SECTION 68 OF THE RAILROAD LAW, FOR A DETERMINATION AS TO WHETHER ITS RAILROAD (SINGLE TRACK, STREET SURFACE, ELECTRIC,) SHOULD CROSS THE AUBURN BRANCH OF THE LEHIGH VALLEY RAILROAD (STEAM) AT A POINT ON THE MAIN HIGHWAY BETWEEN THE VILLAGE OF FREEVILLE AND A SETTLEMENT KNOWN AS WILLOW GLEN, ABOVE, BELOW Or at THE GRADE OF SAID STEAM RAILROAD. January 12, 1905. This application was filed with this Board on April 7, 1904, and was withdrawn on January 12, 1905. See No. XXXI in this volume under this title, (Case No. 3128.) XII. IN THE MATTER OF THE COMPLAINT OF THOMAS D. LEWIS AGAINST THE DELAWARE, LACKAWANNA RAILROAD COMPANY, AS TO CROSSING. March 9, 1905. This complaint, by Thomas D. Lewis of Fulton, against the Delaware, Lackawanna and Western Railroad Company, was filed with this Board on August 15, 1904. It asked that the company be compelled to plank and make a grade crossing of its railroad in Leitch street in Fulton, it being claimed that a lawful crossing at grade existed but that the company refused to plank it. The company claimed that a lawful crossing at grade did not exist, and that a proceeding under section 61 of the Railroad Law was necessary to establish a crossing at this point. No such proceeding was brought before this Board and the case was closed. (Case No. 3204.) XIII. IN THE MATTER OF THE APPLICATION, UNDER SECTION 68 OF THE RAILROAD Law, OF THE ITHACA-CORTLAND TRACTION COMPANY (STREET SURFACE-ELECTRIC) AS TO CROSSING THE AUBURN BRANCH OF THE LEHIGH VALLEY RAILROAD COMPANY (LEHIGH AND NEW YORK RAILROAD, Lessor-sTEAM) IN THE VILLAGE OF DRYDEN. Determination. March 23, 1905. This application, under section 68 of the Railroad Law, by the Ithaca Cortland Traction Company (single track, street surface, electric), was filed with this Board on April 7, 1904. It asked this Board to determine whether the single track electric railroad of the applicant shall cross the Auburn branch of the Lehigh Valley Railroad Company (Lehigh and New York Railroad, lessor-steam) at or near the intersection of West Main street and Rochester street in the village of Dryden above, below or at the grade of said steam railroad. A public hearing in the matter was held by this Board in the city of Albany on January 12, 1905. George E. Monroe appeared for applicant; Diven & Diven and J. F. Schaperkotter appeared for the Lehigh Valley Railroad Company in opposition. At a meeting of this Board in Albany on February 15, 1905, H. D. Titus, superintendent of the division of the steam railroad in question, made statements as to protection by signals and derails if the crossing is allowed to be at grade, and W. H. Lane, engineer for the Hall Signal Company, made statements for the electric railroad company as to derails and signals if the crossing is to be at grade. After consideration of the evidence we are of the opinion that we can properly determine that this crossing may be made at grade at this point. The engineer of the applicant testified that, "The view is unobstructed for half a mile to a mile to the south and for 1,500 to 2,000 feet to the north; the engineer of the Lehigh Valley Railroad Company testified that there was some obstruction to the view. We believe that with derailing switches in the electric railroad to be operated by conductors of cars a crossing at grade at this point would seem to be sufficiently protected in view of the number of trains operated on the steam railroad and the number of cars which will likely be operated on the electric railroad. This Board, therefore, hereby determines, under section 68 of the Railroad Law, that the single track electric railroad of the Ithaca-Cortland Traction Company shall cross the Auburn branch of the Lehigh Valley Railroad Company (Lehigh and New York Railroad, lessor-steam), at or near the intersection of West Main street and Rochester street in the village of Dryden, at the grade of the steam railroad. This Board also hereby determines, under section 68 of the Railroad Law, that a derailing switch shall be constructed in the electric railroad on each side of said crossing, which derailing switches shall be operated by conductors of the electric cars approaching the crossing. This Board also hereby determines, under section 68 of the Railroad Law, that a V-shaped trough shall be constructed over the trolley wire of the electric railroad and connected therewith at this crossing, said trough to extend at least a full car length from the crossing in each direction. This Board also hereby determines, under section 68 of the Railroad Law, that before construction plans for said derailing switches and copper trough shall be submitted to this Board for approval. This Board also hereby determines, under section 68 of the Railroad Law, that the entire expense of the construction and maintenance of the necessary crossing frogs and copper trough and derailing switches in the electric railroad at this crossing shall be borne by the Ithaca-Cortland Traction Company or its successors. This Board also hereby determines, under section 68 of the Railroad Law, that the IthacaCortland Traction Company or its successors shall pay the expense of and maintain any crossing frogs made necessary by the construction at grade in the future at this crossing of additional track or tracks by the Lehigh Valley Railroad Company or its successors, or by its lessor, the Lehigh and New York Railroad. This Board also hereby determines, under section 68 of the Railroad Law, that if additional track or tracks of the steam railroad are constructed at grade at said crossing in the future, the V-shaped copper trough shall be extended on the trolley wire of the electric railroad to cover said track or tracks and a distance of at least a full car length from the crossing in each direction, and that the derailing switches in the electric railway shall be rearranged if necessary to protect said additional track or tracks of the steam railroad, at the expense of the Ithaca-Cortland Traction Company or its successors. (Case No. 3127.) This crossing has not been constructed. XIV. IN THE MATTER OF THE APPLICATION OF JOHN M. VAN GORDEN, HIGHWAY COMMISSIONER OF THE TOWN OF HORSEHEADS, CHEMUNG COUNTY, UNDER SECTION 61 OF THE RAILROAD LAW, AS TO FOURTEENTH STREET IN SAID TOWN CROSSING THE LEHIGH VALLEY RAILROAD. Determination. March 30, 1905. This application, by John M. Van Gorden, highway commissioner of the town of Horseheads, Chemung county, under section 61 of the Railroad Law, was filed with this Board on February 16, 1905. The petition asks the Board to determine whether a highway known as Fourteenth street in said town shall cross the Lehigh Valley railroad over, under or at the grade of said railroad. Attached to the petition are papers signed by the village of Elmira Heights, the United States Cut Flower Company (a property owner), the W. R. Compton Realty and Building Company (a property owner), and the Lehigh Valley Railroad Company to the effect that the crossing should be made at grade. A public hearing, after notice as required by the statute, was given by Commissioner Dunn (by delegation of the Board) in the city of Elmira on March 28, 1905. William R. Compton appeared for the applicant; Seymour Lowman appeared for the W. R. Compton Realty and Building Company in favor of a crossing at grade; George McCann appeared for the village of Elmira Heights in favor of a crossing at grade; H. D. Titus appeared for the Lehigh Valley Railroad Company. After hearing evidence and arguments the hearing was closed. 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 known as Fourteenth street in the town of Horseheads, Chemung county, of the Lehigh Valley railroad shall be at the grade of the said railroad, the crossing to be properly planked and a railroad highway crossing sign to be constructed and maintained thereat. An existing crossing of the railroad at grade used by the public will be closed when the crossing referred to in this determination is opened. (Grade Crossing Case No. 526.) This crossing has been constructed and a highway crossing sign is maintained thereat, and the other crossing at grade referred to has been closed. XV. IN THE MATTER OF A PETITION OF THE TOWN BOARD OF THE TOWN OF READING, SCHUYLER COUNTY, UNDER SECTION 62 OF THE RAILROAD LAW, AS TO CHANGING A GRADE CROSSING OF THE SYRACUSE, GENEVA AND CORNING RAILROAD (LEASED TO AND OPERATED BY THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY) BY A HIGHWAY LEADING FROM THE VILLAGE OF READING CENTRE TO THE VILLAGE OF WATKINS, AT A POINT IN SAID TOWN KNOWN AS BIG HOLLOW, TO AN UNDERCROSSING. March 30, 1905. This petition was filed with this Board on October 28, 1904, and was withdrawn on March 30, 1905. (Grade Crossing Case No. 515.) XVI. IN THE MATTER OF THE APPLICATION OF THE HIGHWAY COMMISSIONER OF THE TOWN OF UNION, BROOME COUNTY, UNDER SECTION 61 OF THE RAILROAD Law, FOR A DETERMINATION AS TO WHETHER A NEW HIGHWAY IN SAID TOWN RUNNING NORTH FROM THE MAIN RIVER ROAD THROUGH LANDS OF THE ENDICOTT LAND COMPANY, TO BE KNOWN AS MCKINLEY AVENUE, SHALL CROSS THE ERIE RAILROAD OVER, UNDER OR AT THE GRADE OF SAID RAILROAD. Determination. May 23, 1905. This application, by the highway commissioner of the town of Union, Broome county, under section 61 of the Railroad Law, was filed with this Board on April 12, 1905. The petition asks the Board to determine whether a new highway in said town running north from the Main River road through lands of the Endicott Land Company to be known as McKinley avenue, shall cross the Erie railroad over, under or at the grade of said railroad. A public hearing in the matter, after notice as required by the statute, was held in the city of Elmira on May 16, 1905. E. C. Moody appeared for the applicant. No one else appeared. The nearing was adjourned until Monday, May 22, 1905, before Commissioner Dunn in Binghamton, at which time the adjourned |