IV. IN THE MATTER OF THE APPLICATION OF THE BROOKLYN UNION ELEVATED RAILROAD COMPANY, LESSOR (LESSEE, BROOKLYN HEIGHTS RAILROAD COMPANY), UNDER CHAPTER 294 OF THE RAILROAD LAWS OF 1891, FOR APPROVAL OF A DECLARATION OF ABANDONMENT OF A PORTION OF ITS ROUTE. Determination. August 9, 1904. This application by the Brooklyn Union Elevated Railroad Company, lessor (lessee, Brooklyn Heights Railroad Company), under chapter 294 of the Laws of 1891, was filed with this Board on July 19, 1904. It asks the approval of this Board of a declaration of abandonment of that portion of the route of the Brooklyn Union Elevated Railroad commencing at the intersection of Myrtle avenue and Hudson avenue in the Borough of Brooklyn, city of New York, thence through and along Hudson avenue to York street; thence through and along York street to the property of the city of New York formerly property of the trustees of the New York and Brooklyn bridge; thence over and along said property of the city of New York to the East river. A public hearing, after public notice, on said application was held by this Board in the city of New York on August 3, 1904. Charles A. Collin and Charles C. Clark appeared for the applicant; William P. Cook and other members of the Downtown Taxpayers' Association appeared in favor of the application; no one else appeared. After hearing evidence and arguments the hearing was closed. It appears to this Board from the evidence that the application should be granted. There is no public necessity for the continued existence of the elevated structure on the route named, and it is the intention of the Brooklyn Heights Railroad Company to construct additional street surface railroad in this territory. No one appeared in opposition to the application and, as stated, members of the Downtown Taxpayers' Association appeared in favor of it. Under these circumstances, this Board, therefore, hereby approves of the declaration of abandonment of that portion of the route of said Brooklyn Union Elevated Railroad, commencing at the intersection of Myrtle avenue and Hudson avenue in the Borough of Brooklyn, city of New York, thence through and along Hudson avenue to York street; thence through and along York street to the property of the city of New York formerly property of the trustees of the New York and Brooklyn bridge; thence over and along said property of the city if New York to ne East river, and has endorsed said approval of said declaration of abandonment, in accordance with chapter 294 of the Laws of 1891. (Case No. 3185.) Change of Name. I. IN THE MATTER OF THE APPLICATION OF THE ALBION ELECTRIC RAILWAY FOR APPROVAL OF PETITION TO THE SUPREME COURT FOR LEAVE TO CHANGE ITS NAME AND TO ASSUME THE CORPORATE NAME BUFFALO, LOCKPORT AND ROCHESTER RAILWAY COMPANY." July 20, 1904. This application was filed with this Board on June 7, 1904. After a hearing in New York on July 20, this application, as well as one for approval of an increase of the capital stock of the applicant and as well as one for consent to the issue of a first mortgage by the applicant (referred to in this volume under the titles, respectively, "Applications for increase of capital stock" and "Applications for consent to the issue of mortgages"), were closed and the Board notified the attorneys for the applicant that because of the decision of the Appellate Division, Fourth Department, July 5, 1904, in the matter of the New York Central and Hudson River Railroad Company, appellant, against the Buffalo and Williamsville Electric Railway Company, respondent, as to the statutes prohibiting the extension of tne Buffalo and Williamsville Electric Railway to Rochester, and it being the purpose of the Albion Electric Railway to extend its railway from Albion westerly to Lockport and from Albion easterly to Rochester, such purpose seeming to come within said decision, it would seem that these three applications of the Albion Electric Railway, being with reference to said proposed extensions, cannot be heard by this Board because of seeming lack of authority to make extensions. This decision of the Appellate Division will be found in this volume under the title "Decisions of courts as to questions arising under section 59 of the Railroad Law." At the time of writing this report there are pending before this Board the applications of the "Albion and Lockport Railway and the "Albion and Rochester Railway" for, respectively, a certificate under section 59 of the Railroad Law that public convenience and a necessity require the construction of said railways. (Case No. 3158.) Cessation of Operation During Winter I. IN THE MATTER OF THE GLEnfield and WesTERN RAILROAD Company, under SECTION 55 OF THE RAILROAD LAW, FOR PERMISSION TO CEASE THE OPERATION OF ITS RAILROAD FROM JANUARY 1, 1904, TO MAY 1, 1904. Determination. January 26, 1904. This application under section 55 of the Railroad Law, by the Glenfield and Western Railroad Company, whose railroad extends from a point on the Utica and Black River Railroad (leased to and operated by the New York Central and Hudson River Railroad Company), known as Glenfield to a point called Monteola, and is principally used for the transportation of lumber, was filed with this Board on December 18, 1903. It asks permission to cease the operation of its railroad from January 1, 1904, to May 1, 1904. A public hearing in the matter was set for Thursday, January 21, 1904, at the office of the Board in Albany, of which public notice was given. At this hearing no one appeared. A report in the matter was made by an inspector of the Board who is familiar with the country through which the road is constructed, and he reports that the railroad cannot be operated because of "the large amount of snow now on the line of the road." Under these circumstances, the Board believes that it is justified in granting this application. It is therefore Ordered that permission be and it is hereby given to the Glenfield and Western Railroad Company to cease the operation of its railroad from January 1, 1904, to May 1, 1904. (Case No. 3056.) Applications for Approval of Cooking Ranges in Cars. I. IN THE MATTER OF THE APPLICATION OF THE LEHIGH VALLEY RAILROAD COMPANY, UNDER SECTION 51 OF THE RAILROAD LAW, FOR APPROVAL OF A TYPE OF COOKING RANGE TO BE USED IN DINING AND PRIVATE CARS. Determination. August 9, 1904. This application, by the Lehigh Valley Railroad Company, under section 51 of the Railroad Law, was filed with this Board on July 23, 1904. It asks approval of the pattern and kind of cooking range to be used in dining and private cars on said railroad in this State. A blue print of the kind of range of which approval is asked is attached to the application. From its inspection of this blue print the Board believes that it would be justified in approving the kind of range shown thereon. This Board, therefore, hereby approves the pattern and kind of range to be used for cooking purposes in dining and private cars operated in this State by the Lehigh Valley Railroad Company shown on a blue print plan attached to the application in this matter on file in this office. (Case No. 3188.) II. IN THE MATTER OF THE APPLICATION OF THE DELAWARE AND HUDSON COMPANY, UNDER SECTION 51 OF THE RAILROAD LAW, FOR APPROVAL OF STOVES IN CERTAIN CAFE AND SPECIAL CARS. Determination. November 2, 1904. This application, by The Delaware and Hudson Company, under section 51 of the Railroad Law, was filed with this Board on October 10, 1904. It asks approval of the pattern and kind of stoves or ranges used for cooking purposes in cars operated on the railroads of said company in this State as follows: Private car No. 199. Cafe car No. 600. Cafe car No. 602. An inspector for this Board reported under date of November 1, 1904, setting forth in detail the precautions which are taken to prevent the setting of fire from the stoves or ranges and that "the whole range equipment seems to be up to date and arranged with all reasonable sateguards." Under these circumstances this Board hereby approves the pattern and kind of stoves or ranges used in private car No. 199 and cafe cars Nos. 600, 601 and 602 on the railroads operated by The Delaware and Hudson Company in this State. (Case No. 3229.) ACCIDENTS. I. IN THE MATTER OF A REAR-END COLLISION ON THE ELEVATED RAILROAD LINE OF BROOKLYN HEIGHTS RAILROAD COMPANY, NOVEMBER 19, 1903. December 19, 1903. Report by Electrical Expert: Together with Commissioners Frank M. Baker and Joseph M. Dickey, I have investigated an accident which occurred on the Brooklyn Union Elevated Railroad Company's system (operated by the Brooklyn Heights Railroad Company), and submit the following: November 19th, at 5.17 p. m., Bay Ridge train running from Sixty-fifth street to New York, collided with the rear end of a local train running from Thirty-sixth street to Brooklyn Bridge. This accident occurred on the Fifth Avenue line near Twenty-ninth street. The local or head train consisted of five cars, three motors and two trailers. The Sixty-fifth street or second train consisted of six cars, five motors and one trailer. The electrical equipment of the motor cars of the first train consisted of four 60 horse-power Westinghouse motors each, operated by the Westinghouse multiple unit control. The equipment of the motor cars of the second train consisted of two 150 horse-power Westinghouse motors each, operated with Sprague automatic control. J. C. R. Donaldson was motorman on the head train and John Cahill was motorman on the Sixty-fifth street or second train. At the time of the accident there were no passengers on the first train; on the second train there were 82 in the rear car, 55 in the next car and about 40 in the first four cars, 15 of whom had gone into the third car. The motorman and conductor of the second train were killed and four of the employees were injured; none of the passengers were seriously injured. The accident occurred at a point about 1,389 feet west of the Thirty-sixth street station. Between these points the track is on a tangent with the exception of an easy curve about 500 feet west of the station platform. It is on about a one per cent. grade descending from Thirty-sixth street station to the point of accident. From this point the track is up about a one per cent. grade. The first train came to a stop in the hollow. At Thirty-sixth Street station there is a junction of the double tracks of the Sixty-fifth Street line. There is a tower located 200 feet west of the station platform and there are cross-overs connecting the double tracks on either side of the tower. The view is unobstructed from the station platform to the point of accident. The first or local train was made up at Thirty-sixth street and was running without passengers from that station, being one of the trains which are sent from Thirty-sixth street to the Bridge to accommodate the passengers during the evening rush hours. The second or Sixty-fifth street train ran from Sixty-fifth street via the Third Avenue or Bay Ridge line to the Thirty-sixth street station and to this point consisted of three cars. For the purpose of accommodating the heavy travel of the rush hour on the returning trip, three additional cars were put on this train at Thirty-sixth street. These three cars were run out on the main line track and stood west of the tower. The original three cars comprising the Sixty-fifth street train were brought up to them and the two portions of the train coupled together at that point. When in this position the head car of the Sixty-fifth street or second train stood 895 feet from the point where the accident occurred. The statements of the employees do not agree as to the interval of time between the departure of the first and second trains from the Thirtysixth street station, but it was about five minutes. |