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hearing, that, one, at least, of said contemplated grade crossings would be exceedingly blind and dangerous to travelers on said highway, and that the other, being so near to the first named, would be more dangerous than if the first were at a greater distance from it.
It also appeared that the probable cost of changing said highway, as prayed for in said application, and constructing same alongside of said railroad in as good condition as same is now, would be about 800 dollars. And it further appeared that there was no opposition to the proposed change, on the part of the town, provided the railroad company should be required to bear all the expense thereof. After considering the prayer of the petitioners and all the evidence adduced at said hearing, we are convinced that the course of said highway should be altered or changed as prayed for. This petition is based upon an act amendatory and additional to section 28 of chapter 51 of the Revised Statutes, (see chapter 282 Public Laws of 1889,) a part of which is as follows:
“Highways and other ways may be raised or lowered for the purpose of permitting a railroad to pass over or under the same or the course of the same may be altered so as to facilitate such crossing, or to permit a railroad to pass at the side thereof, on application to the Railroad Commissioners and proceeding as provided by section 27 of chapter 18, as amended by this act, and for such purpose, land may be taken and damages awarded as provided for laying out highways and other ways.”
By the foregoing provisions of statute, we think power is given the Board to order the change prayed for. Whether or not the Board has power to apportion or require the railroad company to pay the whole expense of such change is more difficult to determine, the change being wholly outside the limits of the railroad location. The counsel for the petitioners claims that no such power is given. While we admit the meaning of the statute is somewhat obscure, we think such power is clearly given, when the language above quoted, is considered in connection with section 27 of chapter 18, as amended. If the above quoted statute had been incorporated into and made a part of section 27 of chapter 18 instead of part of section 28 of chapter 51, its meaning would have been clear. Section 27 of chapter 18 as amended, provides that “Townways and highways may be laid out across, over or under any railroad track, and the expense of building and maintaining so much thereof as is within the limits of such railroad, shall be borne by such railroad or by the city or town in wbich such way is located, or shall be apportioned between such company and city or town as may be determined by said Railroad Commissioners.” As we construe the law, section 28 of chapter 51 as amended gives to the Commissioners additional powers, and provides that the “proceeding" shall be “as provided by section 27 of chapter 18 as amended.” We, therefore, hereby determine and order that the course of said highway shall be altered, constructed and maintained by the town of Dexter, as follows:
Commencing at a stake marked “O” driven on the northerly side of the said highway or Dover road, so called, on the line between said road and land owned by Lafayette Bridge, being 33 feet in a southerly direction from station 217 of the Dexter & Piscataquis location; thence running by the magnet of 1889, N. 66° 30' E. 150 feet to a stake marked 1x50; thence N. 62° E. 250 feet to a stake marked “4”; thence N. 56° E. 200 feet to a stake marked "6"; thence N. 51° E. 200 feet to a stake marked “8”; thence N. 37° E. 500 feet to a stake marked "13" driven on the northerly side line of the said highway at or near its junction with the Owlsborough road, so called. The above describes the northerly side line of the
. said highway when altered as above provided. The southerly side line, of which is to be 66 feet or four rods distant from the above described line, and parallel with the same as shown on plan No. 5 herewith approved. Land may be taken for the above-named purpose and damages awarded as provided by law. The location of said railroad shall be changed so as to correspond with the above described line of the highway. In consideration of the advantages, which, we believe the Dexter & Piscataquis Railroad Company will derive by reasun of the foregoing described change or alteration of said highway, we hereby determine and award that said railroad company shall pay the expense of making the alteration or change aforesaid, a suin of money not exceeding eight hundred dollars; provided, however, that if said town of Dexter shall refuse or neglect to alter or change said highway, as above provided within thirty days from the date hereof, said railroad company is hereby authorized and empowered to do the
Signed by the Board.
E. C. FARRINGTON, Clerk.
Decision of the Board, on petition of the Dexter & Piscata
quis Railroad Company, for approval of location, the same being in part upon the location of the Bangor & Piscataquis Railroad. Decision July 25 1889.
STATE OF MAINE. In accordance with the foregoing petition, upon which notice, as appears had been given as ordered, the Board of Railroad Commissioners met at the time and place designated in said order, and it then and there appearing that the Board had jurisdiction, only in part, the same is hereby dismissed.
By the Board.
E. C. FARRINGTON, Clerk.
Decision of the Board, on petition of the Dexter & Piscataquis
Railroad Company, for approval of and change of location and terminus. Decision July 25 1889.
STATE OF MAINE.
By the foregoing application, upon which, as appears, notice has been given as ordered, the petitioners again ask for an
approval of a change in the location of their railroad, from a point commencing at the Piscataquis river in Foxcroft, where their located line crosses said river, and changing the line from said point at said river, by running northerly and easterly until said line touches the located line of the Bangor & Piscataquis Railroad, east of the Dawes road, so called, and thence running easterly along the south side of the line of the Bangor & Piscataquis Railroad, parallel and adjoining the same, to a point in Foxcroft, known as the "Parsonage Lot,” where the petitioners have located their depot grounds. This request is substantially the same as the one we have before refused to grant, for reasons stated in our decision relative thereto, dated June 8 1889.
While at the former hearing, this Board was strongly impressed with the belief that the route and depot grounds selected by the petitioners were the most available, we at the time refused to approve the location asked for, hoping thereby that such an amicable arrangement would be made between the petitioners and the Bangor & Piscataquis Railroad Company, as would permit the petitioners to place a track upon the location of said Bangor & Piscataquis, and thus avoid an additional railroad location in that vicinity. Failing to make such an arrangement, the petitioners again ask to have said location approved by this Board. It appeared by evidence offered on the part of the petitioners, at the hearing on the foregoing petition, that the point of connection of the petitioners' road with the Bangor & Piscataquis Railroad, as now located, is more than a mile from the business centers of the villages of Dover and Foxcroft ; that no suitable ground for station purposes, approachable by the petitioners' road, other than the "Parsonage Lot" before mentioned can be found ; that said lot for station purposes, would be more accessible and convenient for business purposes and accommodation of the two villages, than any other point on the line of the Bangor & Piscataquis Railroad ; that by reason of natural barriers no suitable or feasi
l ble route of approach to said lot or ground can be found, except
by extending their line within the location of the Bangor & Piscataquis location, or along side thereof, for more than a mile, as prayed for in their petition, and as appears by plan submitted. It also appeared that a majority, at least, of the citizens of Dover and Foxcroft villages, favored the selection of the above mentioned lot, by the petitioners' company for depot purposes, and, so far as appears, this proposed change of location and extension is opposed only by the Bangor & Piscataquis Company. While admitting, or failing to deny the truth of the above allegations, as set forth by the petitioners, the Bangor & Piscataquis Railroad Company, by their counsel, say this Board has no authority, by statute, to approve such change; that if any such power is conferred by statute upon the Board, it should not be exercised in this case; that having made a location of their line and having had the same approved and established, they, the petitioners, should be confined to the same and not be allowed to establish new and additional lines, especially where the same will be near and parallel with the Bangor & Piscataquis Railroad, which has a prior right to the location and business established near the same. As we have before said, while we fully comprehend and appreciate the force of the objections, so urged, they do not seem to us to be sufficient to warrant us to refuse to approve the change and extension asked for by the petitioners. True the petitioners' road is a competing road and ought not to be allowed undue advantages, by way of location over the other road; but we have already determined, by a decision given November 27 1888, that public convenience required the construction of a railroad from Dexter to Foxcroft. If public convenience required that the road should be built, it certainly requires that it should be granted reasonable and proper terminal facilities, and not be shut out from the most available depot grounds, simply because some other persons or corporations had previously constructed a railroad near by. It does not appear that there are any other grounds available or suitable for station purposes, except the “Parsonage Lot" above mentioned. And, while for reasons stated