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Commencing at a point within the corporate limits of the village of Wakefield at 19th avenue, on the eastern shore of the Bronx river, along 19th avenue to Fourth street, along Fourth street to Kings Bridge road, along Kings Bridge road to 19th avenue, along 19th avenue to Jefferson avenue, along Jefferson avenue to Murdoch avenue, along Murdoch avenue to Randall avenue, along Randall avenue to Seton avenue, along Seton avenue to Nelson avenue, along Nelson avenue to Platt avenue, along Platt avenue to Old Boston Post road, along the Old Boston Post road to Corsa avenue, otherwise known as Corsa lane, also known as Eastchester road, along said last named road as the same winds and turns to Main street in Westchester village, along Main street, crossing Westchester creek to the Throgs Neck road, along Throgs Neck road to the Eastern boulevard, along Eastern boulevard southwesterly and northwesterly and again crossing Westchester creek westerly to Avenue B in Union Port, northerly along Avenue B to the southern Westchester turnpike, northeasterly along said turnpike to Green lane, along Green lane to the road leading from West Farms to Westchester village, along same to the proposed new depot on the Harlem river branch of the New York, New Haven & Hartford Railroad.

Special franchises. May 18, 1895, the board of trustees of the village of South Mount Vernon, or Wakefield, granted to the Company a franchise for construction of its route within the village as described in the Company's application. The application of the Company, however, cannot be found.

Stock. In April, 1904, the Metropolitan Traction Company acquired the entire capital stock of the Company.

Construction and operation. (See also chart I, no. 48.) An inspection of the route made June 29, 1908, disclosed a single track then existing on Jefferson avenue from a point about midway between Boyd and Digney avenues to a point midway between Fox and Boyd avenues. No record of any operation by this Company.

The Company has probably forfeited its corporate existence.

193 Eighth and Columbus Avenues Connecting

Railway Company

(Manhattan) Incorporation. March 5, 1900; General Street Railroad Law; as a subsidiary to the Metropolitan Street Railway Company; for purpose of constructing a street surface railroad to be operated by any motive power other than locomotive steam power, as a connecting link in the Metropolitan system; corporate life, 1000 years; capital stock, $50,000; route (about 2,000 ft.) as follows:

In and upon the surface of the Boulevard, with one of its termini at the intersection of the said Boulevard with West 59th street, and the other of its termini at the intersection of Columbus avenue and the Boulevard, all in the borough of Manhattan, city of New York.

Certificate of convenience and necessity. April 24, 1900, the Railroad Commission granted the Company a certificate of convenience and necessity.

Special franchises. March 10, 1900, the Company applied to the municipal assembly for a franchise to construct a double track railway along the following route:

On the Boulevard from 59th street to Columbus avenue.

· By resolution of the municipal assembly, approved by the mayor, December 18, 1900, the proposed grant to this Company embodied in the form of an ordinance was referred to the Board of Estimate and Apportionment.

The franchise was never granted.

Construction. No record of any construction. The Company has probably forfeited its corporate existence.

194 Eighth Avenue Railroad Company

(Manhattan) Incorporation. January 10, 1855; General Railroad Law of 1850, also chapter 140, laws of 1854; corporate life, 1000 years; capital stock, $800,000; route (about 10 miles) as follows:

From, Vesey street near St. Paul's Church to the Harlem river at the place where Eighth avenue reaches said river, together with a grant running in Canal street in the said City from the corner of West Broadway to the westerly line of Broadway, the following part being already constructed: From Barclay street through Church street to Chambers street, through Chambers street to West Broadway; also through Barclay street from Church to College place and through College place to Chambers street and West Broad. way; thence through West Broadway to Canal street and through Canal street to Hudson street with a branch through Canal street to Broadway and continuing through Hudson street from Canal street to Eighth avenue and through Eighth avenue to 54th street. To be constructed and maintained so as to run as first designated; the railroad of the Sixth Avenue Railroad Company joining and uniting therewith at the corner of Canal street and Varick street and running thereon and using the same from that point southerly as the same is now constructed.

Extensions of route. By chapter 478, laws of 1874, the Company was required to extend its road as follows:

On Eighth avenue from the present terminus of the road at 84th street to Macomb's Dam road, double tracks; on Macomb's Dam road from Eighth avenue to Macomb's Dam bridge, double or single tracks.

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February 3, 1897, the Company filed in the office of the secretary of state two certificates extending its route as follows:

Commencing at the intersection of 65th street and Eighth avenue, and connecting there by suitable curves, switches and appliances with the Company's existing railroad in Eighth avenue, and running thence westerly with a single track in or upon 65th street to the middle of Columbus (formerly Ninth) avenue. Also commencing at the intersection of 66th street and Eighth avenue, and connecting there by suitable curves, switches and appliances, with the Company's existing railroad on Eighth avenue and running thence westerly with a single track in or upon 66th street to the middle of Columbus (formerly Ninth) avenue.

Said single track in said 65th and 66th streets is to connect at the middle of Columbus (formerly Ninth) avenue with a branch or extension of the Ninth Avenue Railroad Company in said streets.

Connecting with the Company's existing double tracks on Eighth avenue at 145th street, by suitable, curves, etc., running thence easterly with double tracks in or upon 145th street, to Seventh avenue, there to connect with a branch or extension of the railroad upon Lenox (formerly Sixth) avenue of the Sixth Avenue Railroad Company.

November 21, 1898, the Company filed in the office of the secretary of state a certificate extending its route as follows:

Connecting with the Company's existing double track railroad at Eighth avenue and 135th street; running thence easterly with double tracks in or upon 135th street to Lenox (formerly Sixth) avenue; also to connect with a branch or extension of the railroad of the New York and Harlem Railroad Company. That the length of such proposed branch or extension is 1,800 feet, and is less than one-half mile.

Map. December 21, 1855, the Company filed in the county clerk's office of New York County, a map of its route:

Beginning at Broadway; thence along Vesey to Church; thence on Church to Chambers to West Broadway; also on Vesey to extension of College place; thence along private property in said extension to Barclay; also on Barclay from Church to West Broadway (College place); thence on College place and West Broadway to Canal; also branch at Broadway on Canal to Hudson to Eighth avenue to Harlem river at 159th street.

Special franchises. July 30, 1851, by resolution of the common council, approved by the mayor, on the same date, the original franchise of the Company was granted to John Pettigrew and others to construct the road on route as follows:

On West Broadway from Chambers street to Canal street, double track; on Canal street from West Broadway to Hudson street, double track; on Hudson street from Canal street to Eighth avenue, double track; on Eighth avenue from Hudson street to or near 51st street, double track.

The grantees accepted the franchise and entered into a contract with the City, September 6, 1851. This franchise further pro

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vided that the road was to be continued to the Harlem river whenever required and as fast as Eighth avenue should be graded. Also that the grantees should construct jointly with the grantees of the franchise for the Sixth Avenue Railroad Company the tracks “ from connection in Canal street and West Broadway to Chambers street."

By resolution of the common council, adopted December 13, 1852, the Company obtained a franchise to extend its rails (which are to be constructed in like manner as their present road) through Canal street to Broadway and also from its present termination at Chambers street through College place to Barclay street and through Barclay and Church streets, or across Barclay street and through the buildings which they have rented or procured, or may rent or procure for that purpose, to and into Vesey street, through Vesey street to Broadway, and through Church street from Vesey street to Chambers street, and through Chambers street to its present termination.

By the same resolution the Sixth Avenue Railroad Company was authorized, upon paying half of the cost of construction and repair of the road lying between Varick street and West Broadway, to make use of this extension in common with the Eighth Avenue Railroad Company.

November 30, 1853, the common council required the Company to extend its road and operate cars thereon to 59th street and Eighth avenue.

October 3, 1859, the common council granted the Company permission to lay switches and turnouts on Canal street, in connection with its tracks then laid.

January 2, 1864, the common council required the Company to extend its road and operate cars thereon to 84th street and Eighth avenue, “and also to lay rails and run cars thereon as fast as the avenue is graded, until the rails are laid and cars run regularly to the upper terminus of the road at the Harlem river.

By resolution of the common council, approved January 21, 1896, the Company obtained a franchise to extend its road as follows:

On Eighth avenue from 150th street to the Harlem river, double tracks.

Original franchises invalid.

The original franchises of the Company were invalid for the reason that the legislature, at the time the grants were made, had not delegated franchise granting authority to the city government. By chapter 140, laws of 1854,

such authority was delegated to the common councils of the several cities of the State, on condition that the consent of the majority in interest of the property owners upon the streets to be used for railroad purposes should be obtained. Section three of the act provided that " This act shall not be held to prevent the construction, extension or use of any railroad in any of the cities of this State which have already been constructed in part; but the respective parties and companies by whom such roads have been in part constructed, and their assigns, are hereby authorized to construct, complete, extend and use such roads in and through the streets and avenues designated in the respective grants, licenses, resolutions or contracts under which the same have been so in part constructed; and to that end the grants, licenses and resolutions aforesaid are hereby confirmed." The courts have held that the franchise rights of the Eighth Avenue Railroad Company date from the passage of this confirmation act (Potter v. Collins 156, N. Y. 16).

Change of motive power. August 10, 1898, the Railroad Commission gave its consent to a change of motive power from horse to the underground electric system.

Court proceedings. The franchises of the Eighth Avenue Railroad Company have been the subject of much litigation. In the case of the Mayor, Aldermen and Commonalty of the City of New York, vs The Eighth Avenue Railroad Company, 118, N. Y. 389, decided in 1890, the Court of Appeals held that the Company was bound to pay car license fees as required under its franchise and contract of 1851. Mr. Justice Haight in rendering the opinion of the court stated that the contract between the Company and City had been ratified by the Confirmatory Act of 1854. In the case of Potter vs Collis, however, 156, N. Y. 16, decided in 1898, the Court of Appeals held that the City had no right to purchase the road of the Eighth Avenue Railroad Company under the provisions of the contract of 1851. This opinion was written by Judge Gray, who held that only the "grants, licenses and resolutions " were confirmed by the Act of 1854, not the contract. Apparently the court did not take into consideration the fact that the provisions reserving to the City the right to purchase the road on certain terms were contained in the original resor lutions granting the franchise as well as in the contract. The

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