XLII. IN THE MATTER OF THE COMPLAINT OF M. J. ROBERTSON, of Etna, AGAINST THE LEHIGH VALLEY RAILROAD COMPANY, AS TO CONDITION OF FENCES. August 16, 1899. This, complaint was filed with this Board on August 5, 1899, by M. J. Robertson of Etna, Tompkins county. It alleged that the fences of the Lehigh Valley Railroad Company (Elmira, Cortland and Northern branch) along his farm were in very poor condition. A copy of the complaint was sent to the company. The company answered, in general, in regard to complaints as to the condition of fences along this branch, that it was proceeding as rapidly as possible to complete the repair of fences. In this matter, as well as in similar complaints against the Lehigh Valley Railroad Company, an investigation was made by Commissioner Baker of the Board, who made the following report: OWEGO, N. Y., November 6, 1899. J. S. KENYON, Secretary, Albany, N. Y.: MY DEAR SIR.-Referring to complaints relative to fences against the L. V. on Elmira & Cortland Division, I have been over the line and investigated the situation. After close inspection I believe that 70% of the fences on this line between Elmira and its northern terminus are in bad repair and there should be at least fifty miles of fence built between now and August 1st. There should also be at least 10,000 fence posts put in the old wire fence to give protection to the land owners. The country along the line is used almost entirely for agricultural purposes and the people have been very patient in this matter. I would recommend that the President of the Lehigh be advised of the recommendations made and also that he be requested to furnish with the least possible delay posts to repair the old wire fence. During the past season twenty-four miles of fence have been built and this has been more substantial and a better fence than any heretofore. Please take this up promptly with the company. Yours truly, FRANK M. BAKER. A copy of this report was sent to the company with the following letter: ALBANY, November 16, 1899. Alfred Walter, Esq., President Lehigh Valley R. R. Co., 26 Cortland St., Manhattan, New York City.: DEAR SIR.-As you are probably aware, this Board during the past year has been in receipt of a number of complaints from residents along the Elmira, Cortland & Northern Branch of the Lehigh Valley Railroad, relative to the condition of the fences of the railroad company. Commissioner Baker of this Board, has made an inspection of the fences on this Branch, and a copy of his report is enclosed herewith. Will you please communicate with this Board as to the steps taken and to be taken by the company to put these fences on its Branch in good condition, as required by section 32 of the Railroad Law? By the Board, JOHN S. KENYON, Secretary. The company replied as follows: NEW YORK, November 29, 1899. JOHN S. KENYON, ESQ., Secretary, Board of Railroad Commissioners, Albany, N. Y.: DEAR SIR.-In reply to your communication of the 16th inst., enclosing report by Commissioner Frank M. Baker of the condition of the fences along the right of way of our Elmira & Cortland Branch, I wish to state that this matter has had our careful consideration for some time past, and we have been endeavoring to repair and renew the fences along this part of our line as rapidly as possible. During the calendar year of 1899, estimating the month of December, we will have erected 33 miles of fencing, and since we have acquired the above line we have erected 65% miles of new fencing and put in 26,300 fence posts. It is our present intention during the coming year to provide for 50 miles of new fencing and about 20,000 new fence posts. I trust this information will be entirely satisfactory to your Board. ALFRED WALTER, President. XLIII. IN THE MATTER OF THE COMPLAINT OF THE TAXPAYERS' NONPARTISAN ASSOCIATION, OF COLLEGE POINT, AGAINST THE NEW YORK AND QUEENS COUNTY RAILWAY COMPANY, RELATIVE TO TRANSPORTATION FACILITIES. August 16, 1899. This complaint by the Taxpayers' Non-Partisan Association of College Point, was filed with this Board on June 26, 1899. It alleged that the service, on that portion of the New York and Queens County Railway between the junction of Broadway and Lawrence street, Flushing, and the terminus of the railway at the Ninety-ninth Street ferry, College Point, was not adequate. A copy of the complaint was sent to the company, which ans wered, denying the allegation. An inspection and report in the matter were made by the electrical expert of the Board, who suggested that the Board recommend an increase in the service. This recommendation, in detail, was made the recommendation of the Board, and the company was notified. The company replied that it would "see if we can arrange a schedule which will gratify the desire of the general public." The case was closed. XLIV. IN THE MATTER OF THE COMPLAINT OF GEORGE M. NICHOLS, OF BROOKLYN, N. Y., AGAINST THE LONG ISLAND RAILROAD COMANY, RELATIVE ΤΟ THE COLLECTION OF EXCESSIVE MILEAGE COUPON TICKETS. August 16, 1899. This complaint was filed with this Board on July 21, 1899. It alleged that the Long Island Railroad Company collected an extra mile coupon to Freeport from Bedford station, Brooklyn, twenty-three mile coupons being collected instead of twenty-two, the complainant alleging that the distance is twenty-two miles. The company answered stating that "we have adopted rules now, however, which will prevent similar complaint to that made by Mr. Nichols, in the future." A copy of this answer was sent to the complainant, who stated that "the reply is very satisfactory as far as it relates to the future," but claimed that the excess mileage previously collected should be returned. He was informed that the Board had no jurisdiction to compel the company to refund any excess which had been collected, and the case was closed. XLV. IN THE MATTER OF THE COMPLAINT OF L. L. JOHNSON, OF NORTH CHATHAM, AGAINST THE HUDSON LIGHT AND POWER AND RailROAD COMPANY, AS TO A CROSSING BY SAID RAILROAD Of a highWAY NEAR COMPLAINANT'S RESIDENCE. August 16, 1899. This complaint was filed with this Board on August 4, 1899, by L. L. Johnson of North Chatham, N. Y. It alleged that the Hudson Light and Power and Railroad Company was constructing a railroad which proposed to cross at grade a highway near his residence, and that such crossing would be a dangerous one. copy of the complaint was sent to the company, which was notified that if the railroad was proposed to be operated by steam, it would come under the provisions of section 60 of the Railroad Law, relative to crossings at grade of highways by steam railroads. The company answered that the railroad in question was a street surface railroad, and that it was constructed and was to be operated as a street surface railroad. An inspector from this Board was sent to the point in question, who reported that the railroad was a street surface railroad, and that the crossing in question was not more dangerous than the average grade crossing. This being the case, the provisions of section 60 of the Railroad Law did not apply, and the complainant was notified to that effect. The case was closed. XLVI. IN THE MATTER OF THE COMPLAINT OF LOUIS MANZ, OF ROCHESTER, AGAINST THE ROCHESTER AND IRONDEQUOIT RAILROAD COMPANY, LESSEE OF THE ROCHESTER AND LAKE ONTARIO RAILWAY. August 21, 1899. This complaint was filed with this Board on June 27, 1899, by Louis Manz of Rochester, N. Y. It alleged that on June 24, 1899, engine No. 31, drawing a train on the Rochester and Lake Ontario Railway (leased to the Rochester and Irondequoit Railroad Company), was in such condition that it was unfit to be operated. The company replied denying the allegations of the complaint. An inspection of the road and equipment was made by the electrical expert of the Board, who reported that there was no ground for the complaint, but that he found that some of the brake shoes on the cars operated by the company were badly worn. The Board recommended that these brake shoes be replaced with new ones, and notified the company to that effect. The company replied stating that its superintendent had been instructed to comply with the recommendation at once. XLVII. IN THE MATTER OF THE COMPLAINT OF H. W. PETTIBONE, OF FREEVILLE, TOMPKINS COUNTY, AGAINST THE LEHIGH VALLEY RAILROAD COMPANY, AS TO FENCES. August 23, 1899. This complaint was filed with this Board on April 22, 1899, by H. W. Pettibone of Freeville, Tompkins county, N. Y. It alleged that fires had been communicated to his property from locomotive engines of the Lehigh Valley Railroad (Elmira, Cortland and Northern branch), for which he desired recompense, and that the fences of the company along his land were in poor condition. The complainant was informed that this Board had no jurisdiction in the matter of his claim against the company for damage caused by fires; that this was a matter for the courts. So far as the fencing was concerned, the Board communicated with the company, and the company answered stating that a force was at work rebuilding the fences on this branch, and that "I think we should be able to have his fence rebuilt in a very short time." This is one of a number of complaints as to fences along this branch of the Lehigh Valley Railroad, and the Board has communicated with the company relative to the reconstruction of the fences, as shown by correspondence in the matter of the complaint of M. J. Robertson, preceding. XLVIII. IN THE MATTER OF THE COMPLAINT OF LEWIS D. BROWNING, OF SCIO, AGAINST THE ERIE RAILROAD COMPANY, AS TO FARM CROSS ING. August 24, 1899. This complaint was filed with this Board on August 9, 1899, by Lewis D. Browning of Scio. It alleged that the Erie Railroad had raised its roadbed through his farm near Scio station, to such an extent that the farm crossing of the railroad on his farm had been made a difficult one, and asked that he be given an undercrossing in place of a crossing at grade. A copy of the complaint was sent to the company, which answered that the crossing in question was an ordinary farm crossing; that the approaches to the crossing were being filled, so as to make an easy approach; that the company had reached an amicable settlement. with the complainant in the matter and that work had been commenced to place the crossing in first-class condition. The complainant was notified to this effect, and replied, again stating that he desired an undercrossing. The Board having no power to compel the construction of a farm undercrossing, the case was closed. XLIX. IN THE MATTER OF THE COMPLAINT OF the Citizens' IMPROVEMENT ASSOCIATION, OF HOLLIS, L. I., AGAINST THE LONG ISLAND ELEC TRIC RAILWAY COMPANY. August 24, 1899. This complaint of the Citizens' Improvement Association of Hollis, L. I., by H. B. Salisbury, attorney, was filed with this Board on May 26, 1899. It alleged that "the Long Island Electric Railroad Company, under your jurisdiction, is charging two |