Decision of the Bourd, on petition of the Kennebec Central Railroad Company, to determine the manner and condition of crossing certain highways. Decision October 12 1889.

STATE OF MAINE.

To the Supreme Judicial Court next to be held in Augusta, in the county of Kennebec, on the third Tuesday of October, A. D. 1889.

We, the undersigned Board of Railroad Commissioners, hereby certify, that in accordance with the foregoing application and order of notice, we met at the time and place mentioned in said order, and it then and there appearing that notice of said hearing had been given, as ordered, we gave a hearing to all persons and parties who appeared and desired to be heard relative to the same, after having first viewed the location of the crossings mentioned in said application. At said hearing it appeared from the evidence submitted, on the part of the petitioners, and others, and also from the view above mentioned, that the ways described in said application, except the one first mentioned, called "Water street," in Randolph, were infrequently traveled; that the character of the country over which said railroad is to be constructed, is such that but one feasible route could be selected; that by following said route or location, it did not appear practicable to cross either of the ways mentioned, otherwise than at grade with same. We, therefore, determine that each and all of said ways may be crossed by said railroad, at grade, and that the manner and conditions of said crossings, shall be as follows:

1. The crossing of Water Street in Randolph, near the "Little Togus Stream," shall be exactly at grade, after said way or street shall have been raised at point of crossing, one foot above the present grade or level (permission being hereby granted to raise the same as aforesaid), and the surface of the approaches, on either side of said railroad track, shall be

made and maintained by said railroad company, within the railroad location, as wide as said way or street is now constructed, and not to be steeper than one foot elevation to every twenty feet out from said railroad track.

2. The crossing of "Windsor Street" in the town of Randolph, shall be at grade, after said street or way, at point of crossing, shall have been raised above its present level, two feet, and permission is hereby granted to said railroad company, to raise the said street or way as aforesaid. The surface of the approaches on either side of said railroad track, shall be made and maintained by said railroad company, within its location, as wide as said way is now constructed, and not to be steeper than one foot elevation to every twenty feet out from said railroad track.

3. The crossing of the "Birmingham Road," so called, in the town of Chelsea, shall be at grade, after said road or way shall have been raised at point of crossing, five feet, and permission is hereby granted said company to raise the same as aforesaid. The surface of the approaches on either side of said track, shall be made and maintained by said railroad company, as wide as the same now are, and not to be steeper than one foot elevation to every twenty feet out from said railroad track.

4. The crossing of the way leading by the house of William Hankerson, to Chelsea Post Office, shall be at grade, after said way shall have been raised four feet, at point of crossing, and permission is hereby granted to said company, to raise same as aforesaid. The surface of the approaches to be made and maintained, by said company, as provided in No. 3.

5. The Hallowell Road, in Chelsea, shall be crossed exactly at the present grade of said way, when said railroad shall be at full grade, and the approaches shall be made and maintained, by said company, as provided in No. 3.

Said railroad company shall make and maintain each and all of the above mentioned crossings, within the limits of the railroad location, so that they shall be safe and convenient for

travelers on said ways, with horses, teams and carriages, and shall also make suitable provision for the passage of surface drainage water.

Signed by the Board.

E. C. FARRINGTON, Clerk.

Decision of the Board, on petition of the Dexter & Piscataquis Railroad Company, to determine the manner and condition of crossing certain highways. Decision November

12 1889.

STATE OF MAINE.

To the Supreme Judicial Court next to be held at Dover, in the county of Piscataquis, on the last Tuesday of February, A. D., 1890.

We, the Board of Railroad Commissioners, hereby certify, that in accordance with the foregoing application and order of notice, we met at the time and place designated in said order, and after having viewed the location of the several proposed crossings mentioned in said application, we gave a hearing to all persons and parties who appeared and desired to be heard relative to same.

From the view above mentioned and the evidence submitted at said hearing, it appeared that, prior to the time of change of location of the Dexter & Piscataquis Railroad, which change, as appears, was approved by this Board, July 25 1889, said railroad had been permitted by this Board, to cross the two first mentioned ways at grade; also that the line of location, as changed, extends along the line of the Bangor & Piscataquis Railroad, within fifty feet of the same; that each of the five streets or ways last mentioned in said application, crosses said Bangor & Piscataquis Railroad, at grade. We, therefore by reason of the proximity of these two railroads, and because all of said ways cross the Bangor & Piscataquis Railroad at grade, find that it would be impracticable and unjust to

require the petitioner's railroad to be constructed over or under said ways; nor do we think it would be practicable to change the grade of said streets or ways, so as to permit said railroad to pass over or under them, as each now crosses the Bangor & Piscataquis Railroad at grade, and both railroads being located within fifty feet of each other, must, from necessity, be constructed substantially upon the same grade.

For the above reasons, and others mentioned in former decisions, relating to approval of the change of location, although feeling that by so doing, we are permitting additional elements to those dangers already existing, we have gradually, yet reluctantly, been constrained to authorize a crossing of said ways, at grade, and do hereby authorize and permit each and all of the streets and ways mentioned in said application to be crossed, by said railroad, at grade, and determine and order that the manner and conditions of crossing the same shall be as follows:

1. The crossing of the "Guilford Road," so called, in Foxcroft, shall be at grade, after said way or road shall have been raised, at point of crossing, two and one-half feet, and permission is hereby granted to raise said road as aforesaid. The surface of the approaches, on either side of said railroad track, shall be made and maintained, by said railroad company, within the railroad location, as wide as said way or road is now constructed, and shall not be steeper than one foot elevation to every twenty feet out from said railroad track.

2. The "Dawes Road," so called, shall be crossed exactly at the grade of said road, when said railroad shall be at full grade.

3. "Forest Street," in said Foxcroft, shall be at grade, after said street, at point of crossing, shall have been raised three feet on the northerly side of said railroad track, and permission is hereby granted to said railroad company to raise said street as aforesaid. The surface of the approaches on either side of said railroad track, shall be made and maintained, by said company, within its location, as wide as said

street is now constructed, and shall not be steeper on said northerly side, than one foot elevation to every twenty feet out from said railroad track.

4. "Mechanic Street," in said Foxcroft, shall be at grade, after said street shall have been raised, at point of crossing, three feet, and permission is hereby granted to said company to raise the street as aforesaid. The surface of the approaches on either side of the railroad track, shall be made and maintained, by said railroad company, as is provided in No. 1.

5. "North Street" shall be crossed at grade, after said street shall have been raised one foot at point of crossing, and permission is hereby granted to said company to raise the grade of said street as aforesaid. The surface of the approaches shall be made and maintained as provided in No. 1.

6. "Spring Street" shall be crossed at grade after said street shall have been raised three and one-half feet, at point of crossing, and permission is hereby granted said railroad company to raise the grade of said street as aforesaid. The surface of the approaches shall be made and maintained as provided in No. 1.

7. "Summer Street" shall be at grade after said street shall have been raised two feet at point where the main line or track crosses, and three feet where said street shall be crossed by the southerly spur or side track, and permission is hereby granted to said railroad company to lay side tracks across said street, and to raise said street as aforesaid. The surface of the approaches, on either side of said track or tracks, shall be made and maintained, by said railroad company as wide as the same is now constructed and shall not be steeper than one foot elevation to every twenty feet out from said track or tracks. Said railroad company shall make and maintain each and all of the above mentioned crossings, within its location, safe and convenient for travelers on said ways, with horses, teams and carriages, and shall also make suitable provisions for the passage of surface drainage water. Signed by the Board.

E. C. FARRINGTON, Clerk.