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was raised at said point, from three to five feet, so as to permit a crossing of same at grade; that at said point, the new way mentioned in said application, intersects with the highway aforesaid, and also with the highway leading from Strong Village to New Vineyard, thus making a crossing for several ways at the point aforesaid. It also appeared that by reason of a deep cut through the hill, southerly of said crossing, on the line of said railroad, trains of cars cannot be seen by persons approaching said point, on either of said highways, and as appeared from the testimony of several witnesses who frequently traveled on said highways, said crossing was, by them, considered exceedingly dangerous ; that the approaches to said railroad track, on either side as now constructed, are very steep and inconvenient for travelers with loaded teams or carriages to pass over. For the reasons above stated and many others given in evidence at said hearing, which we deem unnecessary to mention here, the Board are convinced that the public interests require that the prayer of the petitioners should be granted, and that the wily mentioned in said application can and ought to be constructed, so its to pass under said railroad track at the point mentioned, not merely on account of the construction of the new street or way; but, more than that, for the purpose of doing away with what the Board considers a dangerous and inconvenient grade crossing now existing at that point.
At said hearing it did not appear that the Sandy River Railroad Company opposed the construction of said way under their railroad track, its prayed for, provided the expense of excavation, construction and maintenance of retaining walls and railroad bridge, etc., should be wholly borne by the town of Strong.
It is provided by the foregoing statute that in such cases “The expense of building and maintaining so much thereof as is within the limits of such railroad shall be borne by such railroad company, or by the city or town in which such way is located, or it shall be apportioned between such company, city or town, as may be determined by said railroad
commissioners.” Having determined to grant the prayer of the petitioners in this case, and that the street or way shall be constructed under said railroad track, upon whom should the burden of expense rest? Surely, not opon either party alone. The change will be beneficial to both the public and the railroad corporation.
By the change, the highway that existed before the building of the railroad, and this new street intersecting with it, at this point, will both pass under the railroad track. The travelers on these ways will be relieved of the inconvenience and dangers of this blind grade crossing, and the railroad corporation will also be relieved of the liability now resting upon it, in case of accident at said crossing. The highway above mentioned existed for many years before the railroad was built, and to enable said railroad to cross said way at grade, as before stated, said way bas been raised by said corporation, from three to five feet, thus relieving the corporation of the expense of locating and constructing their railroad, so as to pass over said way; but at the same time, subjecting the travelers on said way, to great inconvenience and danger. Having, therefore, carefully considered the rights and liabilities of all parties interested, it is our opinion and judgment that the expense of making the change aforesaid, should be equitably apportioned between said town of Strong and the Sandy River Railroad Company. And in accordance therewith, we direct and order as follows:
Said Sandy River Railroad Company shall raise the grade of said railroad three feet at the point where the same crosses said street or way, and shall excavate and remove the embankment under said railroad track, within the location of said railroad track, to a depth of, at least, ten feet below the present grade of same and of sufficient width to give a road way for travel under said track, when fully completed, of at least twenty feet in width. Said company shall also erect and maintain suitable abutments and retaining walls on each side of the space for travel above mentioned, upon such lines and angles as will most nearly convene the travel on each and all of the streets and ways intersecting at said point, and shall also erect and maintain a suitable and safe stringer or other bridge for said railroad, over the way aforesaid, and at such height above the same that there shall be a space of, at least, twelve feet from said roadway or street, to the lower part of said railroad bridge superstructure; all of which shall be performed by said railroad company, in such a manner as to receive the approval in writing of this Board.
Said town of Strong, upon the completion of the work above specified and immediately after the same shall have been approved, as aforesaid, shall pay to said corporation the sum of five hundred dollars, which sum this Board determines and awards as the just proportion of said expense to be borne by said town.
By the Board.
E. C. FARRINGTON, Clerk.