Fresh Pond road and at the point in question, and that the applicant has obtained the consents in writing of the owners of more than onehalf in value of the property bounded on said Fresh Pond road, and the consent of this Board to its operation by electricity, but that the Lond Island Railroad Company refuses to consent to such crossing at grade.

The applicant appears by its attorneys, Morris & Whitehouse, and the Long Island Railroad Company by its attorney, W. J. Kelly, in opposition. A hearing was had on said application at the common council chamber in the City Hall, Brooklyn, on the 28th day of March, 1894. Upon such hearing the parties appeared as above. Argument was had by the respective counsel, and the counsel for the Long Island Railroad Company filed a map showing the situation and asked that the application be denied. The Board took the papers and made a personal inspection of the locality on the following day. Thereafter, the inspector to this Board filed his report and recommendations in the matter, dated April ninth, in which he recommends the crossing at grade with interlocking signals; separate inclined grades for each street car track approaching and across the steam road; an inverted V-shaped trough placed directly over the trolley wire, so constructed that the wheel would still have contact if it left the wire; the present system of gates; and various other precautionary measures which are treated of more in detail by him in the report which is hereby referred to. The Metropolitan avenue crossing is within about fifty feet east of the proposed Fresh Pond road crossing, and upon it are the tracks of the Metropolitan avenue horse-car line, now operated by horse power, but upon which leave has been granted to operate by trolley, which system is soon to be inaugurated, and is about 125 feet west of the Bushwick station on the line of the Long Island railroad. The Fresh Pond road crossing and the said Metropolitan avenue crossing are both protected by gates operated by one gate tender from one central station. The fact that this Metropolitan avenue crossing with its exísting tracks and the existing right to cross at grade is so near to the proposed Fresh Pond road crossing as to practically make them one, they being, as above stated, both protected at the present time by one system of gates operated by one man, should be considered and have great weight in disposing of this question. They are, in fact, for all practical purposes, one and the same crossing; this is so as to the street railroads on both of these streets as well as in the operation of the Long Island railroad; the slowing up of trains for one crossing is the slowing up for both, and the expense of protection for one is the same for both, except in the expense of apparatus. The existing grade crossing being at that point on Metropolitan avenue it would seem unnecessary and in fact unjust to require the large expenditure necessary to construct an overhead or underground crossing on the Fresh Pond road by the applicant. If it were practicable to combine the two crossings and have one crossing either overhead or underground, and it could be done with a reasonable expenditure, it would of course be preferable; but there are vested rights on Metropolitan avenue, and to abolish the crossing at grade would require some radical legislation. The angles at which the various crossings are

made, as shown on the mip attached hereto, also make such a crossing impracticable.

Although this Board is opposed to grade crossings in general and to this class in particular, yet in view of the facts herein and after a careful consideration of the statements of counsel and a personal inspection of the locality, the Board is of the opinion that this application should be granted upon the following conditions and not otherwise :

First. A system of interlocking signals operated from a central tower, under the control of the employes of the Long Island Railroad Company, at a point to be designated by the Long Island Railroad Company, shall be constructed at the expense of the applicant, the Brooklyn City Railroad Company, with a system of derailing switches on the tracks of the said Brooklyn City railroad, also operated from said central tower.

Second. A V-shaped trough, or some other means to prevent the trolley leaving the wire, shall be constructed at the expense of the said Brooklyn City Railroad Company.

Therd. The construction of separate inclined gr les for each street car track approaching the steam road, if practicable, at the expense of the applicant, so that the cars shall be carried across by gravity.

Fourth. The street cars shall stop within a reasonable distance of the crossing, and the conductor shall proceed ahead and know that the way is clear, and the car shall not proceed until signaled by the conductor so to do. Instructions to this effect shall be given and shall be rigidly enforced by the applicant.

Fifth. Not less than three towermen shall be employed by the Long Island Railroad Company at this crossing, the applicant, the Brooklyn City Railroad Company, to pay two of the men and the Long Island Railroad Company one; this provision not to interfere with any payment now made toward the maintenance of the present flagman by the Metropolitan avenue line.

By the Board

III.

IN THE MATTER OF THE APPLICATION OF THE HOOSICK RAILWAY COMPANY FOR LEAVE ΤΟ CR SS AT GRADE THE TRACKS OF THE FITCHBURG RAILROAD COMPANY AT RIVER STREET IN THE VILLAGE OF HOOSICK FALLS.

May 28, 1894.

This application was filed on or about April 28, 1894, under the provisions of section 2 of chapter 239 of the Laws of 1893. The petition shows that the applicant is a street railroad corporation incorporated under the Railroad Law; that it proposes to lay its track on River street in the village of Hoosick Falls, and that to do so it will be necessary to intersect and cross the tracks of the Fitchburg railroad operated by steam power at the intersection of the Fitchburg road with River street, where the said steam road has one main track and three switch or side tracks. The applicant appears by its attorney, G. E.

Green, Esq., and the Fitchburg Railroad Company by Hon. T. F. Hamilton, in opposition.

A hearing was had on said application at the office of the Board in the city of Albany on May fourteer th; on said hearing the parties appeared as above and testimony was taken relative to the extent to which River street is used for team and foot travel, the extent of the freight and passenger business on the line of the Fitchburg road at the point named, and the expense of constructing and maintaining an overhead crossing.

The Board took the papers and thereafter the inspector made an examination of the locality and a report upon all of the questions considered at the bearing. The report of the inspector was considered at an adjourned hearing on May twenty-eighth, at which G. E. Green, Esq., appeared for the applicant, there being no appearance on the part of the Fitchburg Railroad Company.

In view of the facts presented, and after a careful consideration of the statements of counsel and a personal inspection of the locality by Commissioner Rickard, the Board is of the opinion that this application should be and is hereby granted, upon the following conditions, and not otherwise :

First. That a semaphore signal shall be located at or near Carey avenue on the line of the main track of the Fitchburg Railroad Company, to be operated from River street; the exact location of the semaphore to be designated by the Fitchburg Railroad Company; the construction to be at the expense of the applicant and under the direction of the said Fitchburg Railroad Company; the operation to be by a man stationed at River street, the expense of whose services shall be jointly borne by the Fitchburg Railroad Company and the Hoosick Railway Company; said employe to be selected by the Fitchburg Railroad Company and to be under its supervision and control.

Second. A V-shaped trough, or some other means to prevent the trolley leaving the wire, shall be constructed at the expense of the said Hoosick Railway Company over the crossing.

Third. The street cars shall stop within a reasonable distance of the crossing, and the conductor shall proceed ahead and know that the way is clear; the car shall not proceed until signaled by the conductor so to do. Instructions to this effect shall be given and shall be rigidly enforced by the applicant.

By the Board.

ACCIDENTS.

I. .

IN THE MATTER OF AN ACCIDENT ON THE WESTERN NEW YORK AND PENNSYVANIA RAILROAD, ABOUT THREE MILES FROM DUNKIRK, DECEMBER 15, 1893, CAUSED by the FAILURE OF A TRESTLE KNOWN AS "THE HERRICK GULF TRESTLE."

January 8, 1894.

The inspector of the Board made an examination at the scene of this accident, and reported as follows:

"In compliance with instructions from your honorable body, an examination has been made of the trestle known as "Herrick Gulf ('restle," and its surroundings, on the Pittsburgh division of the Western New York and Pennsylvania railroad, at or near milepost No. 37 from Buffalo, and No. 3 from Dunkirk, which broke down under train No. 16 on December fifteenth last, precipitating the train into the creek below, causing the death of Oscar L. Porter, Mrs. Nancy M. Porter, George Ryman, Jesse Hodge, William E. McCain, and more or less serious injury to the remaining eight persons on board of the train. The last inspection of this road was made in June, 1892, by my predecessor, and the next would ordinarily occur in 1894, as with the exception of roads for summer traffic only, the inspections take place biennially. Train No. 16, composed of engine, tender, baggage car, smoker and coach, departed from Buffalo upon schedule time (5:15 P. M.), bound for Brocton. This train had formerly run through to Mayville, making a close connection with the Chautauqua Lake railroad to Jamestown, but upon the day of accident was making its first trip as a local to Brocton. It continued upon time, leaving Silver Creek station (some five miles east of Herrick's Gulf trestle) at 6:34 P. M. It was due to leave Dunkirk at 6:56; this would make (by computation and the assumption of regular speed) the accident take place at 6:43 or 6:44 P. M. Trains Nos. 1 and 6, meeting at Dunkirk at 4:36 P. M., therefore, passed over the trestle in question within a little more than two hours previous to the time of the accident. The trestle was composed, upon the day in question, of framed bents, fourteen and eighteen feet apart, white pine, in fair life, generally, though some sap decay was noticeable at bearing points, not enough, however, to cause failure; the stringers were of white pine and three under each rail, with 8x16 inches cross section, in fair life; floor system of oak, in fair life, closely spaced; inside guard-rails and guard timbers were also in place. This trestle had formerly been double tracked, the Western New York and Pennsylvania railroad using the southerly half, and the

New York, Chicago and St. Louis railroad the northerly half, until some time during the forepart of last November, when the latter company (having previously placed its track upon the old roadbed of the Lake Shore and Michigan Southern railroad, which in its turn had modified its alignment still further north toward Lake Erie) sawed off and partially removed its half, leaving, however, all sills not easily accessible; those resting upon the bed rock in the creek being exposed were removed. The structure was not braced longitudinally except upon the south side, where there was one horizontal timber extending continuously between caps. Mr. Herrick informed your inspector that he had noticed a timber about six feet above the creek bed, horizontal, and bracing the creek bents upon the south or up-stream side. The extreme height of the trestle between the bed of the creek and the top of the rail would closely approximate twenty-five feet. The creek over which the trestle extended, in ordinary times flows but little water, and no doubt during the dry summer seasons might be found perfectly dry; but the drainage area, composed mostly of cleared farm land, is considerable, and during sudden changes of temperature this creek is quickly surcharged with surface water. The bed of the creek at and near the point of accident is solid rock of a slate nature; the bents rested upon this rock, being leveled up with pieces of wood called "blocking." The channel of the creek is fairly straight between what is now the "Nickle Plate" roadbed (old Lake Shore and Michigan Southern) and the Western New York and Pennsylvania railroad, but passing southerly or up stream it winds easterly and makes a decided angle, and returns to the general direction again before reaching the highway bridge. The "Nickle Plate" company's bridge, some 130 feet distant northerly, is forty-nine feet clear span. The bridge upon highway, some 120 feet distant southerly, is about twenty feet clear span. The trestle bents at the creek proper were seventeen feet apart. Immediately north of the trestle and east of the creek is a knoll or embankment which tends to obstruct the free flow of high water. This obstruction, added to the acute angle with which the creek water in time of flood approaches the trestle, could easily cause great damage. to the structure, particularly if large logs or a quantity of driftwood and ice should be forced against it. Your inspector was informed by the company's engineer that a dam located some two or more miles above upon the creek had either given away or the "flash board" had broken or been taken away, so as to allow an increased quantity of flood water to flow down the creek upon the day of accident. The company's officials say that no trouble was ever had before at the crossing of the creek in question from high water. The sills resting upon the exposed rock in creek-bed at time of sawing and removing them by the Nickle Plate employes had been blocked or leveled up with pieces of wood. The question arises whether that part of the sills left in position under the Western New York and Pennsylvania railroad were properly and securely blocked and leveled to withstand the new conditions. The nature of the shale formation at this point is such that it tends to disintegrate with the action of the elements, and neglect, even in a small degree, to positively place and keep the bents upon firm and solid foundation would, during a sudden thaw and consequent high water, tend to dislodge them. The bent standing in the west edge of the creek