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cability in all cases, and that at the close of the year, of which this report treats, still had the matter under advisement.

August 11, 1886.- At Havana, George Relyea attempted to cross over the tracks at the highway crossing. Ilis wagon was struck by an engine, throwing him out of the wagon and breaking three of his ribs and a small bone of the ankle. Inquiry showed that i here were neither gates nor a flagman at the crossing, but that the view was unobstructed. Nr. Relyea was both deaf and near-sighted, and though he saw the train, he thought it was stopping at the station.

Rome, Watertown and Ogdensburgh. June 4, 1886. - At Arsenal Street crossing, Watertown Junction, P. Redmond, conductor, was injured. Engine No. 6 was backing down. Train 54, of which Redmond was conductor, was backing in same direction on another track. Redmond was on rear platform of the caboose, and on reaching Arsenal street jumped off, and as he was crossing the track was struck by engine 26 and badly injured. Inquiry showed that there was a flagman stationed there night and day, but as Redmond leaped from a train the flagman could be of no protection to him.

Angust 13, 1886. -- Ira Van Coughnett, a car repairer, was working on a car standing on the "cripple track,” at the engine house in Watertown. A train weut on this track, owing to a misplaced switch and, striking a car ahead of the one on which Van Coughnett was working, forced the car over him. Both legs were taken off. In answer to an inquiry as to where the responsibility for this accident rested, the company said that the watchman whose duty it was to arrange the switches properly, neglected this one. He was discharged.

Southern Central. March 20, 1886. – Mrs. Philo Landers and her daughter were driv. ing, and when nearing the crossing one mile south of Whitney's Point, the horse became un manageable and running away came into collision with a traiu moving over the crossing. Both were thrown out and killed. Inquiry showed that there were neither gates nor a flagman, although the view was unobstructed.

August 13, 1886. - Lyman Watrous attempted to cross the tracks at the first crossing north of Dyden lake. The wagon was struck in the middle and Watrous was thrown on the pilot, but was only slightly injured. He was very deaf and did not hear the warning whistle. Inquiry showed that there were neither gates nor a flagman, but an unobstructed view.

Troy and Boston. August 27, 1886.-At the crossing at Valley Falls west of the station, Mrs. Blanchard and son, ten years old, in a buggy, drove on to the track in front of the train. Mrs. Blanchard was killed and the boy injured. Inquiry of the company bronght the answer that there were neither gates' nor a flagman at the crossing, and that the view was unobstructed.

Ulster and Delaware. August 23, 1886.- Engine No. 3 exploded while standing at the water-tank in the Rondout yard. John Bowes and Thomas Dugan were both severely scalded. Inquiry developed these facts, that the engine was given a thorough overhauling in the latter part of 1882, her lower sides made new, new flue sheets put in, and was considered in first-class condition. She was then tested by hot water pressure, 180 pounds to the square inch. Every two months she had been regularly tested. The authorities of the company were unable to give a reilson for the explosion; the engine had been in the round-house from Saturday afternoon until Monday morning.

West Shore. October 19, 1885.- Mrs. Stable attempted to cross the track in front of a moving engine, at the north yard, Kingston, and was instantly killed. Inquiry elicited the fact that Mrs. Stable was not on a crossing but walking on track. A dense fog was present, obscuring objects twenty-five feet away.

January 15, 1886. -- At Byron Centre, Emanuel Peatten attempted to drive across the track directly in front of a moving engine and was instantly killed. Inquiry showed that there were neither gates nor a flagman, but the view was unobstructed.

February 22, 1886.- At the William Street crossing, Newburgh, Robert Davidson, while driving across the track, was struck by an engine and so badly injured that he died next morning. There were both a gate and a fagman at the crossing, but inquiry developed the fact that the gate was frozen up.

February 26, 1886.-- At Wampsville, James Carson, brakeman, was on the tunk of an engine going in on a switch, and was caught by a shed standing close to the tracks and was slightly injured. Inquiry was made, and the reply was that the shed, which had been built on private property, was promptly moved far enough back to prevent a repetition of the accident.

July 14, 1886.-- Three hundred and fifty feet north of West Park station, Jacob Merkle, walking across the track, was struck by a moving engine and killed. Inquiry showed that he was not on a crossing. He was driving his cows across the track two hundred feet north of the regular tarm crossing.

September 4, 1886. -- Samuel Cook attempted to drive across the track in front of engine at St. Johnsville crossing. The wagon was struck near the front end and Mr. Cook was thrown out and instantly killed. Inquiry showed that there were neither gates nor a flagman, and the view was unobstructed.

September 27, 1886. -- Patrick Ryan, riding on the rear step of an engine, on the coal track at the engine house, Syracuse, was crushed between the engine and cars on a siding and killed. Inquiry showed that five loaded cars that had been shunted on to a coal track, and on which the brakes were supposed to be set, ran down and collided with toe engine on which Ryan was riding, catching him between the bumper. beam of engine and the sill of the gondola next attached.

CROSSINGS AT GRADE,

I.

IN THE MATTER OF THE REQUEST OF Miss C. W. VAN RENSSELAER

TO RECOMMEND THE New YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY TO STATION A FLAGMAN AT THE CROSSING OF THE HIGHWAY BETWEEN GREENBUSH AND CASTLETON, IN RensSELAER COUNTY, AT THE POINT KNOWN AS THE FOOT OP Teller's Hill.

November 27, 1885. This request was received on September 21st, and immediately transmitted to the New York Central and Hudson River Railroad Company in the usual course of business.

No answer was received until the 11th November, and then only on a second summons from the Board.

The railroad stated that after an examination, made by the authori. ties of the road, the conclusion was reached that the travel on the highway did not justify the call for or the expense of a flagman or gate.

Å personal examination of the premises was made by a Commissioner and the Secretary of the Board on the 20th November.

To a traveler going south, the view of the track is unobstructed for a long distance in both directions. To a traveler going north, however, more care must be exercised before crossing, as the highway runs parallel to the track for five or six hundred feet before crossing it.

If the traveler, however, will keep a look-out to the left and rear he has an unobstructed view of the track for it long distance.

While all grade crossings are to a certain extent dangerous, the Board does not deem this to be one requiring a flagman, so long as any are allowed to remain without such protection.

By the Board.
WILLIAM O. HUDSON,

Secretary.

II.

U. G. PARis v. THE DELAWARE AND HUDSON CANAL COMPANY.

February 11, 1886. The defendant leases and operates the road of the Glens Falls Railroad Company. The track for a distance of several hundred feet is upon River street in the village of Sandy Hill. The dangers to the public traveling upon River street are very great, as the complainant on behalf of himself and the public alleges. Persons driving over this necessary and much used thoroughfare are liable to be placed in great peril by pissing trains, which no rigilance can anticipate or avoid. The railroad, as experience shows, never ought to have been allowed to occupy the streei. But herein lies the difficulty to be now met.

Upon July 21, 1868, the Supreme Court, under sub-division 5 of section 28 of the General Railroad Act, granted the following order: At a Special Term of the Supreme Court of the State of New York, held at the

office of Hon. A. Bockes, in the village of Saratoga Springs, on the 21st day of July, 1868.

Present - Hon, A. BOCKES, Justice.

IN THE MATTER OF THE APPLICATION OF

THE GLENS FALLS RAILROAD COMPANY
FOR AN ORDER THAT SAID COMPANY
MAY CONSTRUCT THEIR RAILROAD UPON
AND ALONG RIVER STREET, IN THE
VILLAGE OF SANDY HILL.

Upon reading and filing the petition of the Glens Falls Railroad Company, duly verified, and notice of motion for an order that said Glens Falls Railroad Company may construct their railroad upon and along River street in the village of Sandy Hill, and proof of the due service of said petition and notice upon the trustees of the village of Sandy Hill, on motion of L. H. Northup, attorney for the Glens Falls Railroad Company, it is ordered that the Glens Falls Railroad Company have leave of this court to construct their railroad upon and along River street in the village of Sandy Hill, from the land of Peter Cota to and along the lands of Orson Richards.

A. BOCKES, Justice of the Sup. Court. Filed, August 1, 1868.

On July 17th, preceding this order, the board of village trustees passed the following resolution:

FRIDAY MORNING, July 17, 1868. Trustees met at the office of Hughes & Nortlıup, pursuant to call of chair. Members present - Joseph McFarland, Loren Allen, William A. Coleman. The following resolution was unanimously adopted, viz.:

Resolved, That the Glens Falls Railroad Company liave leave to construct their said road and lay their track upon and along River street in this village from the lands of Peter Cota to and along the lands of Orson Richards, as said road is designated upon the map thereof filed by said company in the office of the clerk of the county of Washington, and also to cross any streets in this village across which said railroad will run as designated upon said map.

I hereby certify that the foregoing minute of proceedings and resolution is a true and correct copy of the same from the records of the village of Sandy Hill, N. Y. Dated, SANDY HILL, N. Y., January 4, 1886.

GREYVILLE M. INGALSBE,

Clerk village of Sandy Hill.

While the complainant alleged that the order of the Supreme Court was collusive and a fraud since the attorneys moving for it were also attorneys for the village authorities and but one side was represented, the fact remains that the order stands, and the railroad is secure in its possession of the route. The company did not by denial defend itself against the charge of the crossing being dangerous, and the proposi. tion to take such measures as would lessen the dangers were entertained, us well as that of a change of route which would entirely remove them.

At the suggestion of the Board the company prepared a map of the proposed route through the village and made estimates as to the cost of the change. Pending the consideration of the estimates and maps, (which were sent by Mr. Paris), two flagmen were stationed at the point declared to be dangerous, and the speed of trains running through the town was reduced to sis miles an hour.

III.

Tue TRUSTEES OF THE VILLAGE Or Batu v. THE NEW YORK, LAKE ERIE AND WESTERN RAILROAD COMPANY.

June 12, 1896. This complaint alleges that the railroad crossing at Belfast street, in Bath, N. Y., is a dangerous crossing, and ought to have a flagman.

On June 2, 1886, Commissioner Kernan inspected the locality in company with the complainants and their counsel, Reuben R. Lyon, Esq., the road being represented by Mr. Johnson.

The crossing is within the corporate limits and runs diagonally across the single track of the railroad. It is a principal avenue of communication between the village and an extensive farming country lying west of the town. The extensive Soldier's Home is so located that its numerous aged and decrepit inmates and its many visitors, including many strangers unfamiliar with the locality, are obliged to go to and from the institution by this street, and over this railroad crossing. Being thus within a village and a thoroughfare, the crossing fairly comes within those cases where the Board has adopted the rule of recommending flugmen, provided that the view of approaching trains is naturally or otherwise obstructed so as to make the crossing dangerous for those using the highway. Of this there can be no doubt in this case. As trains approach the village from a northerly direction, occasional glimpses of them may be caught by the keen-sighted and alert; but for a large portion of at least a half a mile of their

approach, the trains are in a deep cnt, and the view of them is seriously impeded by embankments as well as by trees, fences and buildings. At this point trains run at quite high speed, especially the fast train recently started by the road. It is, therefore, an eminently proper place to station a flagman for the safety and protection of the public, and this should be done by the road at once. Such flagman ought to be on duty during the time of the passage of trains.

RECOMMENDATION. The Board, therefore, recommends that a flagman be kept by the New York, Lake Erie and Western Railroad Company at the Belfast street crossing of its road in the village of Bath, N. Y., during the hours that trains are there operated.

By the Board.

HUDSON,

WILLIAM C. HUDSecretary.

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