XXII. 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 ERIE. Under date of August 10, 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 certain towns in the county of Erie, among the towns being the town of Hamburg. On June 17, 1905, there was filed with this Board a petition of the Buffalo and Susquehanna Railway Company (joined in by the town board and the highway commissioner of the town of Hamburg) asking that this Board modify its determination of August 10, 1904, so that the railway of the Buffalo and Susquehanna Railway Company shall cross the highway in said town known as Clark street below the grade of said highway instead of over the grade of the highway as set forth in said determination of August 10, 1904. A public hearing on said petition, after notice as required by the statute, was given by this Board in the city of Auburn on June 28, 1905. Walter P. Cooke appeared for the company. Perry M. Thorne, attorney, and John Schoepflin, supervisor, appeared for the town of Hamburg, in favor of the petition for modification. G. T. Rogers appeared for the Buffalo and Southern Railway Company whose railway is to be crossed at this crossing. After hearing arguments the hearing was closed. On November 2, 1904, there was filed with this Board by the Buffalo and Susquehanna Railway Company an application for a modification of said determination of August 10, 1904, in regard to this said Clark street crossing, the modification asked for being that said railway should cross Clark street at grade, which application is superseded by this present petition under which this modified determination is made. It appearing to this Board that the prayer of the petitioners should be granted, this Board under section 60 of the Railroad Law hereby modifies its said determination of August 10, 1904, so far as the Clark street highway in said town of Hamburg, Erie 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 Clark street highway in the town of Hamburg, Erie county, below the grade of said Clark street highway instead of over the grade of said Clark street highway as set forth in said determination of August 10, 1904, and this Board hereby determines under section 60 of the Railroad Law that the bridge carrying said Clark street highway over said Buffalo and Susquehanna railway and the approaches to said bridge shall be as shown by a blue print plan attached with other papers to the office original determination in this matter on file in this office. (Grade Crossing Case No. 478.) p. 126, 1st vol. 1904 report of this Board. See XXIII. 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 ERIE. Supplemental Determination. June 28, 1905. This application by the Buffalo and Susquehanna Railway Company under section 60 of the Railroad Law was in the main determined by this Board August 10, 1904. In said determination, however, the Board reserved for future determination the matter of certain crossings, as follows: The Sardinia road in the town cf Sardinia, The Genesee road in the town of Concord, Lake avenue in the town of Concord and village of Blasdell, The Ridge road in the town of West Seneca. On June 28, 1905, Walter P. Cooke, attorney for the company, appeared before the Board in the city of Auburn and asked for a determination as to all of these crossings except that of the Ridge road in the town of West Seneca in which crossing, he stated, the Pennsylvania Railroad Company is interested; he also stated that he had agreed with the attorney of the Pennsylvania Railroad Company not to ask for a determination as to this crossing without notice to the Pennsylvania Railroad Company. After consideration of the evidence 1. This Board hereby determines, under section 60 of the Railroad Law, that the single track railway of the Buffalo and Susquehanna Railway Company shall cross the Sardinia road highway in the town of Sardinia, Erie county, over the grade of said highway. 2. This Board hereby determines, under section 60 of the Railroad Law, that it would be impracticable for the single track railway of the Buffalo and Susquehanna Railway Company to cross otherwise than at grade the Middle road highway in the town of Concord, Erie county. 3. This Board hereby determines, under section 60 of the Railroad Law, that the single track railway of the Buffalo and Susquehanna Railway Company shall cross the Sharp street highway in the town of Concord, Erie county, over the grade of said highway. 4. This Board hereby determines, under section 60 of the Railroad Law, that it would be impracticable for the single track railway of the Buffalo and Susquehanna Railway Company to cross otherwise than at grade the Genesee road highway in the town of Concord, Erie county. 5. This Board hereby determines, under section 60 of the Railroad Law, that the single track railway of the Buffalo and Susquehanna Railway Company shall cross the Howard road in the town of Hamburg, Erie county, over the grade of said highway. 6. This Board hereby determines, under section 60 of the Railroad Law, that the single track railway of the Buffalo and Susquehanna Railway Company shall cross the Lake avenue highway in the town of Concord and village of Blasdell, Erie county, over the grade of said highway. Crossing Case No. 478.) See p. 126, 1st vol. 1904 report of this Board. (Grade XXIV. IN THE MATTER OF THE PETITION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF ELMIRA, UNDER SECTION 62 OF THE RAILROAD LAW, AS TO THE CLOSING OF THE PENNSYLVANIA AVENUE AND PARTRIDGE STREET GRADE CROSSINGS OF THE ERIE RAILROAD IN SAID CITY AND THE CONSTRUCTION OF ONE UNDERCROSSING OF SAID RAILROAD TO BE SITUATED ABOUT MIDWAY BETWEEN THE CENTER LINES OF SAID EXISTING GRADE CROSSINGS. Determination. July 6, 1905. This petition, by the mayor and common council of the city of Elmira. under section 62 of the Railroad Law, was filed with this Board on June 15, 1899. It alleges that public safety requires an alteration in the manner in which streets known as Pennsylvania avenue and Partridge street cross the Erie railroad in said city, it being proposed to carry said Pennsylvania avenue and said Partridge street under the railroad by means of one undercrossing to be situated about midway between the center lines of the said existing grade crossings, and the said existing grade crossings to be closed and discontinued. A public hearing in the matter, after notice as required by the statute, was given by this Board in the city of Elmira on June 29, 1899. At this hearing M. O'Connor appeared for the city; John B. Stanchfield appeared for the Erie Railroad Company; E. G. Herendeen appeared for Harris, McHenry and Baker, property owners; George McCann appeared for William H. Blight and Hattie Blight, property owners; Frank Fitzgerald appeared for the heirs of Martin Frawley, property owners; Mrs. Etta P. Norwood, a property owner, appeared in person; James M. Rae, a property owner, appeared in person. After hearing evidence and arguments the hearing was adjourned to a date to be thereafter fixed. An adjourned hearing in this matter was held in the city of Elmira on September 8, 1902, at which Charles B. Swartwood appeared for the city; John C. Dyott appeared for Morris Condon, James M. Rae, Mr. Landon, R. H. Walker and Mattie L. Dyott, property owners, in favor of the petition; E. G. Herendeen appeared for the Harris, McHenry and Baker Company, property owners, in opposition; George McCann appeared for H. P. Blight, a property owner, in opposition; Mary Fitzgerald appeared for the estate of Martin Frawley, in opposition; Mrs. Etta P. Norwood, a property owner, appeared in person; Frederick Collin appeared for the Erie railroad. After hearing evidence and arguments the hearing was adjourned to a date to be thereafter fixed. The Board is of the opinion that no further hearing on this petition is necessary. The opposition to this application is based upon what might be the result in flood time on property east of the railroad. After consideration of the evidence in this matter, this Board is of the opinion that it would not be justified in determining at this time that these crossings of the Erie railroad should be closed and the undercrossing of said railroad as proposed constructed. The prayer of the petitioners is, therefore, denied. (Grade Crossing Case No. 117.) XXV. IN THE MATTER OF THE APPLICATION OF THE NEW YORK, AUBURN AND LANSING RAILROAD 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 CAYUGA. Determination. July 6, 1905. This application, by the New York, Auburn and Lansing Railroad Company, under section 60 of the Railroad Law, was filed with this Board on May 22, 1905. The applicant asks the Board to determine the manner in which its single track railway shall cross the following streets, avenues and highways in Cayuga county, to wit: City of Auburn. 1. The highway known as Underwood street. Town of Aurelius. 4. The highway known as Genesee road. Town of Fleming. 5. The highway known as Dougal road. 6. The highway at a point known as Post crossing. 7. The highway at a point known as Shepard crossing. 8. The highway known as Union Springs road. 9. The highway at a point known as Pease's crossing. 10. The highway known as the Gravel road. 11. The nighway known as Town Line road. Town of Scipio. 12. The highway known as Gully road. 13. The hignway at a point known as William Smith crossing. 14. The highway at a point known as Redman crossing. 15. The highway known as Scipioville road. 16. The highway known as Indian Field road. 17. The highway known as Aurora road. 18. The highway known as the Scipio Town Line road. Town of Venice. 19. The highway known as Mill street. Town of Genoa. 25. The highway known as Genoa Town Line road. Public hearings in this matter were held by this Board in Auburn on June 28 and in Albany on July 6, 1905. E. C. Aiken and Herbert A. Clark appeared for the applicant; Frank S. Coburn appeared on June 28 for the town of Aurelius as to proposed crossing of Genesee street in said town by the applicant's railroad. An inspection of and report as to these crossings was made by the superintendent of the grade crossing bureau. After consideration of the evidence, this Board hereby determines under section 60 of the Railroad Law that it would be impracticable for the single track railway of the New York, Auburn and Lansing Railroad Company to cross otherwise than at grade the streets, avenues and highways hereinafter named except where a method of crossing otherwise than at grade is hereinafter named and in such cases this Board hereby determines that said crossings by said single track railway shall be over the highway as hereinafter set forth. City of Auburn. 1. At grade the highway known as Underwood street. 2. At grade the highway known as Wallace street. 3. Over the grade of the highway known as Lafayette place. Town of Aurelius. 4. At grade the highway known as Genesee street. 5. At grade the highway known as Pinckney road. Town of Fleming. 54. At grade the highway known as Dougal road. 6. At grade the highway at a point known as Post crossing. 7. At grade the highway at a point known as Shepard crossing. 8. At grade the highway known as Union Springs road. 9. At grade the highway at a point known as Pease's crossing. 10. At grade the highway known as the Gravel road. 11. At grade the highway known as Town Line road. Town of Scipio. 12. At grade the highway known as Gully road. At grade the highway at a point known as William Smith crossing. 13. 14. 15. 16. At grade the highway known as Indian Field road. 17. At grade the highway known as Aurora road. 18. At grade the highway known as the Scipio Town Line road. Town of Venice. 19. Over the grade of the highway known as Mill street. At grade the highway known as State road. 20. 21. 22. At grade the highway known as Donovan road. 23. Over the grade of the highway known as Creek road. 24. Town of Genoa. 25. Over the grade of the highway known as Genoa Town Line read. At grade the highway known as Creek road. 26. 27. At grade the highway known as Main street. 28. At grade the highway known as Starner road.. 29. At grade the highway known as Creek road. (Grade Crossing Case No. 541.) At the time of writing this report these crossings are not constructed. XXVI. IN THE MATTER OF THE APPLICATION OF THE ERIE RAILROAD COMPANY (STEAM), UNDER SECTION 36 OF THE RAILROAD LAW, FOR APPROVAL OF AN INTERLOCKING SWITCH AND SIGNAL APPARATUS PROPOSED TO BE INSTALLED AT A GRADE CROSSING OF THE ERIE RAILROAD AND THE DELAWARE, LACKAWANNA AND WESTERN RAILROAD (STEAM) EAST OF THE STATION IN BINGHAMTON. Modified Determinatioon. July 6, 1905. On November 2, 1904, this Board, under section 36 of the Railroad Law, approved an interlocking switch and signal apparatus proposed to be installed at a point where the Erie railroad and the Delaware, Lackawanna and Western railroad cross at grade in Binghamton east of the station, a plan of which apparatus is attached to the office original determination in this matter on file in this office. On July 3, 1905, there was filed with the Board by the Erie Railroad Company three blue prints of a plan for this apparatus, embodying some changes from the plan approved on November 2, 1904. The approval of the Board of this plan was asked. These changes do not affect protection at the crossing. This Board hereby approves, under section 36 of the Railroad Law, the said changed plan for the interlocking switch and signal apparatus proposed to be installed at a point where the Erie railroad and the Delaware, Lackawanna and Western railroad cross at grade in Binghamton east of the station, a copy of which plan is attached to the office original modified determination in this matter on file in this office. (Case No. 3237.) This switch and signal apparatus is under construction at the time of writing this report. See p. 149, 1st vol. 1904 report of this Board. |