Columbia, S. C., November 19, 1920.

ORDER NO. 224.

In the Matter of Complaint of Mrs. Nannie J. E. Foster Against Southern Railway Company for Lack of Grade Crossing Facilities Over Track of Southern Railway Company About Two and One-half Miles North of Union, S. C.

Southern Railway Company:

This matter was called to the attention of the Railroad Commission of South Carolina on June 22, 1920. À continuous correspondence was maintained between the Commission, the complainant, Southern Railway Co., and others directly or indirectly interested, until October 23, 1920, at which time the Commission decided that in order to obtain information that in its opinion was necessary to arrive at a proper conclusion in regard to the matter complained of a hearing should be held in its office at Columbia, S. C., on Thursday, November 4, 1920, at 3 p. m. The complainant, Mrs. Nannie J. E. Foster; A. Barnado, representatives of Southern Railway Company, and others interested, were notified of said hearing and requested to be present. The hearing was held according to announcement and all parties to the controversy hereinbefore mentioned were present. The Southern Railway Co. was represented by Mr. H. E. DePass, Attorney, Mr. Wm. Maxwell, Superintendent, and Mr. Kittles, Civil Engineer. At this hearing, which was strictly formal, all witnesses appearing were sworn, and the testimony was taken by a stenographer.

The testimony shows that for a number of years a crossing from the public highway over tracks of Southern Railway Co. to the property in question has been in existence about opposite the residence in which A. Barnado now resides. This crossing served as an outlet to the property which he and his sister, Mrs. Nannie J. E. Foster, inherited from their uncle. This crossing was used by Mrs. Nannie J. E. Foster, who for a long number of years lived in a little house south of that now occupied by A. Barnado, and was a crossing for the Harris family to their plantation, as well as for the public in general. It further developed at the hearing that this property which Mrs. Nannie J. E. Foster and her brother, A. Barnado, inherited from their uncle was partitioned in kind 、 among the two aforesaid mentioned parties under an order of the Court, the northern end of the property, consisting of about 47 1-2 acres, being set off and awarded to Mrs. Nannie J. E. Foster, and

the southern half on which the residence is located, consisting of about 47 1-2 acres, was set off and awarded to A. Barnado. Both of these parties have gone into possession of their respective tracts, and within the last few years Mrs. Nannie J. E. Foster has built a new residence on the property so awarded to her. It is admitted that the true location of the property of Mrs. Nannie J. E. Foster, A. Barnado, the main line of the Southern Railway, and the county highway are all correctly set forth in a blue print of said property, of date June 24th, 1919, as made by the resident engineer of Southern Railway Company, which was introduced. in evidence and marked "Exhibit A", and is now on file in the records in the office of the Railroad Commission of South Carolina.

Until about one year ago Mrs. Nannie J. E. Foster, in going from her home, reached the county highway by traveling along the railroad until she reached the crossing opposite the house of A. Barnado, aforesaid, and thence across the railroad to said public highway. About a year ago the hereinbefore mentioned A. Barnado plowed up this road, which the said Mrs. Nannie J. E. Foster had been traveling, from his property line down to the public crossing before referred to and shown on said plat, covering a distance of approximately 280 feet on the right-of-way of the railroad adjoining the tract of land hereinbefore stated as being assigned to A. Barnado. In order to stop his sister from using this road and crossing he erected and stretched a wire fence on his property line between hers and his property, and down and along the right-of-way of the Southern Railway, whereby the said Mrs. Nannie J. E. Foster has been shut in and has no outlet across the tracks of the Southern Railway Company to the public highway. The testimony further shows that ever since the said A. Barnado has shut his sister off from access to the crossing opposite his house she has been compelled to leave her vehicles and farm implements on the other side of the railroad from her residence, adjoining the highway, exposed to the weather, and has suffered inconvenience by having to carry heavy loads by hand across the tracks, and has suffered further inconvenience and damage to live stock and property.

The said A. Barnado contended that the crossing opposite his house, which has been in use for a long number of years, as stated hereinbefore, is a private crossing, but he admitted that he had no agreement with the railroad company to that effect, nor did

he know of the existence of any such agreement. The testimony clearly shows that this is a public crossing, was established where it is long before A. Barnado owned the property, and is not there for his exclusive use.

The Southern Railway Company objected to placing another grade crossing at this point but its Superintendent offered to establish another grade crossing, twenty-four feet in width, just north of mile post W-93, at the dividing line of the property of said Mrs. Nannie J. E. Foster and her brother, the said A. Barnado, and pay the expense thereof, if the other public crossing opposite the residence of said A. Barnado should be done away with and abolished by the Commission.

It was further shown that to re-locate the present crossing and place same at the point designated (centrally located at the common property line of the said Mrs. Nannie J. E. Foster and the said A. Barnado), the said A. Barnado and others using the crossing to pass from the highway across the Southern Railway Company's tracks to the residence of A. Barnado would only have to travel north 280 feet further than is traveled at present to reach this proposed crossing; while the said Mrs. Nannie J. E. Foster and other desiring to use the crossing to reach the residence of Mrs. Nannie J. E. Foster would be saved a like distance in reaching the same, and that a crossing at this dividing line would be more convenient to the parties interested and to the public in general.

The Commission, regarding its duty to be equally fair to all of the public, and at the same time to place as much safeguard at grade crossings as is possible, and realizing full well that the increased number of grade crossings increases hazard to human life. and property, could not consent to the establishment of crossings three or four hundred feet apart at ordinary country or public highways, and in this instance the inconvenience to be borne would be so slight that the Commission feels that it could not go in any court and maintain its position of establishing an additional grade crossing when the re-location of the present crossing will bring the desired results to the public at large. Taking into consideration these and possibly other facts, the Commission issues the following order:

IT IS ORDERED, That the public crossing as shown on blue print hereinabove referred to and now on file in the office of the Railroad Commission, and known in this case as "Exhibit A",

which runs from the public highway across the tracks of Southern Railway Company, opposite the residence of the hereinbefore mentioned A. Barnado, is hereby condemned, ordered to be eliminated and abolished, and all approaches to same be torn up and removed, and that in lieu thereof the Southern Railway Company shall and is hereby ordered to, within thirty days from date of this order, establish a road crossing twenty-four feet wide just north of mile post W-93, at the property line between the land of the said Mrs. Nannie J. E. Foster and the land of the said A. Barnado, so that the said property line shall be the center line of said road crossing, leaving twelve feet thereof on each side of said property line, which road crossing shall be and is established by this Commission to run from the public highway across the tracks of Southern Railway Company at said point for public convenience for the benefit of the said Mrs. Nannie J. E. Foster, and the said A. Barnado, as well as for the general public so that all parties desiring to use this crossing may have access across the tracks of the Southern Railway Company to the public highway at said point.

IT IS FURTHER ORDERED, That the cost and expense of dispensing with and eliminating the public highway opposite the crossing of the said A. Barnado, aforesaid, and the establishment and maintenance of a public crossing at the property line aforesaid, shall be borne by the Southern Railway Company.

This order to remain in effect until the further orders of the Commission.

In re Overhead Bridge Just North of Dead Falls Crossing, Southern Railway.

At session of the Railroad Commission of South Carolina, at its office at Columbia, S. C., November 24, 1920, Commissioner

James Cansler made the following motion, which was unanimously carried:

"I move that upon request of the Greenwood County Highway Commission the Railroad Commission of South Carolina rescind its Order No. 203, of date June 10, 1920, relative to construction by Southern Railway of Overhead Bridge near Dead Falls Crossing."

Therefore, IT IS ORDERED, That Order No. 203, of date June 10, 1920, is hereby rescinded.

By order of the Commission.

(Seal)

FRANK W. SHEALY,

Chairman.

J. P. DARBY, Secretary.

Columbia, S. C., December 22, 1920. ORDER NO. 227.

In the Matter of Increased Rates for Telephone Service Furnished by the Home Telephone Company in the City of Georgetown, S. C.

The Home Telephone Company :

This matter was brought before the Commission on December 18, 1920, on petition of a great majority of the subscribers served by the Home Telephone Company at Georgetown, S. C. In addition, resolution was passed by the City Council of Georgetown on December 20, 1920, requesting the Railroad Commission of South Carolina to grant the increase asked for in the petition. This resolution was certified to by the City Clerk under the corporation seal of the city of Georgetown, S. C.

The Commission has gone into this matter thoroughly, has given due consideration to the petition of the Home Telephone Company, its subscribers, the resolution of the City Council of the City of Georgetown, and agrees with the contention of all parties at interest that if the Home Telephone Company is to render efficient service to its subscribers under conditions existing at present it is necessary that the proposed increase in rates for service through its Georgetown exchange be granted. Therefore,

IT IS ORDERED, That on and after January 1, 1921, the legal rate for telephone service furnished by the Home Telephone