specified, and the said Brooklyn Heights Railroad Company and the said Sea Beach Railway Company having on June 1, 1908, made answer thereto, from which it appears that the matters complained of in the said complaint above mentioned have been satisfied and the complainant herein having on July 10, 1908, notified this Commission in writing of such satisfaction, Now, upon motion made and duly seconded, it is Resolved, That the proceedings herein be, and the same hereby are discontinued. South Brooklyn Railway Company.- Cinder platforms on Gravesend avenue. Hearing Order No. 184. Opinion of Commissioner Bassett. COMPLAINT OF FRANK BENNETT against SOUTH BROOKLYN RAILWAY COMPANY. Hearing Order No. 184 (see form, note 1), issued January 3d. COMMISSIONER BASSETT : OPINION OF COMMISSION. The line of the South Brooklyn Railway Company consists of a double track of rails through Gravesend avenue, Brooklyn. The company claims to have a steam franchise through this street and also claim certain rights to use the land which are greater than those obtained by the grant of an ordinary street railroad franchise. The tracks consist of heavy T-rails laid on ties, and except at street crossings it has been quite impossible for teams to pass from one side of the street to the other. Recently the city altered the grade of Gravesend avenue and the officials of the borough of Brooklyn cut down the street level to the grade in whole or in part. The result was that the stations at Kensington, Eighteenth avenue and Parkville were left from one foot to four feet above the grade of the street. The track between these stations is also considerably above the street grade. Undoubtedly, the only remedy of this very bad situation is a lowering of the tracks to the new grade of the street and the erection of new platforms in conformity therewith. The city has taken steps to compel the operating company to lower its tracks and the company has lowered its tracks almost to the grade at Sixteenth avenue station. The company, however, by reason of its claim of unusual rights on this street desires to have a curb placed between its tracks and the roadway so that vehicles cannot be driven upon or across the tracks. This concession the borough officials decline to allow and for the present the dispute between the company and the city is unsettled and the street is in exceedingly bad condition. I am of the opinion that the commission should allow the city to settle the establishment of its own proper grade and enforce its rights of removing encumbrances or compelling the operating company to adjust its tracks to the new conditions. The con dition of the platforms, however, has to do with the safety of the passengers, and on this account it would seem that the jurisdiction of the commission is properly exercised in regard to them. Upon a complaint in the usual form an order for satisfaction or answer was made and served upon the defendant. This met with only partial compliance, whereupon a hearing was had regarding the safety of the four above mentioned stations. The evidence shows that the platform at Sixteenth avenue is now reasonably safe for passengers, although access to and from this platform is difficult, the streets and walks being in very bad condition, and it is hoped that the city will before long cause an improvement in this regard. At Kensington station the platforms consist of solid piles of earth with soft coal ashes for the top, the whole being bound within heavy timbers. These are substantially at the correct height for passengers to embark and disembark. While the hearings were proceeding the company added timber steps on the sides of each of the two platforms, extending about eighty-five feet. It is about four feet from the top of the platform to the roadway on each side and there is a tendency for the ashes to work down and narrow the width of the top of the platform where it is not bound by timbers. It is in my opinion necessary and desirable that timbers should be placed on the outer side of both platforms to a total distance of at least 120 feet, which is the distance between platforms of a five-car train. This would cause an additional timbering of about thirty-five feet on each platform. As it is no more difficult to place the timbers so that they make steps they should be arranged in this manner. The part of the platform between the timbers should be maintained level with the tops of the timbers as trains do not always stop at the same part of the platform. The entire top of the platform whether timbered or not should be maintained at the same width as the timbered portion and with the level surface. At the Eighteenth avenue station the platforms are similarly constructed of earth and soft coal cinders. There is a timber along the inside edge of each platform but nothing along the outside edge to hold the surface in place. The top of these platforms is about eighteen inches above the street level. Although they now appear to be in fair condition, it will, in my opinion, be only a few months before the outside edge of the cinder platform, is worn away, thus lessening the width of the level top and again producing the dangerous condition that has been complained of. On this account an outside retaining timber should be placed for at least 120 feet on the outside edge of each platform. At the Parkville station the track level and street level correspond fairly closely, and the platforms do not stand high above the street. Parts of the platforms, however, now present a narrower top than 31% feet. The entire platform on each side of the tracks should be made at least 31% feet wide. The order should direct that the platforms be maintained in as good condition as is now directed. Thirty days will in my opinion be a sufficient time for the company to comply. Thereupon the following final order was issued: This matter coming on upon the report of the hearing had herein on the 16th day of January, 1908, and on the 22nd day of January, 1908, and it appearing that the said hearing was held by and pursuant to an order of this Commission made on the 3rd day of January, 1908, and returnable on the 16th day of January, 1908, and that said order was duly served on the South Brooklyn Railway Company on the 3d day of January, 1908, said order being Order No. 184, and that the said hearing was held by and before the Commission on the matters embraced in the complaint and answer herein and in said order specified, on the 16th day of January, 1908, and on the 22nd day of January, 1908, before Commissioner Bassett, presiding, Frank Bennett. complainant, appearing in person, and W. G. Menden, Esq., appearing for the said railway company, and proof having been taken upon said hearing. and it having been made to appear by the proceedings on said hearing that the regulations, equipment and service of said railway company, in respect to the transportation of persons upon its line on Gravesend avenue, in the borough of Brooklyn, city and State of New York, are unsafe, improper and inadequate on account of the matters in said complaint set forth and in said answer admitted. and on account of the matters proved upon the hearing herein, and that repairs, improvements, changes and additions to and in the stations used by said company in connection with the transportation of passengers on its said line on said Gravesend avenue, in the borough of Brooklyn, city and State of New York, ought reasonably to be made in order to secure, promote the security and convenience of the public and in order to secure adequate service and facilities for the transportation of said passengers, Now, on motion of George S. Coleman, Esq., counsel to the commission, It is ordered, 1. That said South Brooklyn Railway Company be and it hereby is directed and required to construct and maintain, at its Kensington station on said Gravesend avenue, on each side of said company's double track line at said station, a cinder platform at least two hundred (200) feet in length and of sufficient height and width to enable passengers to board and alight from trains at said station with convenience and safety. Further, that said company bind and enclose the exterior of each of said platforms next to the street for at least one hundred and twenty (120) feet with heavy retaining timbers laid in such a manner as to form steps from the present grade of the street to the tops of said platforms for the convenience of passengers in ascending to and descending from said platform. Further, that said company keep and maintain the tops of said cinder platforms on a level with the tops of said timbers. 2. That said South Brooklyn Railway Company, be and it hereby is directed and required to construct and maintain at the Eighteenth avenue station on said line on said Gravesend avenue, on each side of said company's double track line, at said station, a cinder platform at least two hundred (200) feet in length and of sufficient width and height to enable passengers to board and alight from trains of said station with convenience and safety. Further, that said company bind and enclose the exterior of each of said platforms next to the street for at least one hundred and twenty (120) feet with heavy retaining timbers, and that said company keep and maintain the tops of said cinder platforms on a level with the tops of said timbers. 3. That said South Brooklyn Railway Company be, and it hereby is directed and required to construct and maintain at its Parkville station on said line, on each side of said company's double track line, at said station, a cinder platform at least two hundred (200) feet in length and of sufficient width and height above the present grade of the street to enable passengers to board trains at said station, and to alight therefrom in safety. 4. That said company shall keep and maintain said platforms in as good condition as when first constructed in accordance with the requirements of this order. 5. It is further ordered, That said South Brooklyn Railway Company be and it hereby is directed and required to construct said platforms, and to bind and enclose the same in the manner hereinbefore directed within thirty days from the date of the service on said company of a certified copy of this order, and continue the same in that condition until such time as the Public Service Commission for the First District shall otherwise order. 6. It is further ordered, That said South Brooklyn Railway Company notify the Public Service Commission for the First District within five days after service of this order upon it whether the terms of this order are accepted and will be obeyed. PAVING. Brooklyn City Railroad Company, Brooklyn Heights Railroad Company, Nassau Electric Railroad Company.- Neglect to pave and keep in repair the street between and adjoining rails. Hearing Order No. 190. Letter of Chairman Willcox. Opinion of Commissioner Bassett. Extension Order No. 339. Extension Order No. 357. Final Order No. 389. Extension Order No. 440. COMPLAINT OF BIRD S. COLER. President of the Borough of Brooklyn, against BROOKLYN CITY RAILROAD COMPANY, BROOK- Hearing Order No. 190 (see form, note 3), issued January 6th. [The commission should not make an order requiring street railroad corporations to repair their portion of streets until the borough president has exercised his authority by requiring repairs to be made in such manner as he may prescribe.] The Board of Aldermen adopted a resolution requesting the Commission to notify certain street railroad corporations to make repairs. The chairman made the following reply thereto; LETTER OF CHAIRMAN WILLCOX. May 18, 1908. To the Honorable the Board of Aldermen of The City of New York: SIRS. The Public Service Commission for the First District is in receipt of a copy of the following resolution adopted by your honorable body on April 28, 1908: "Whereas, The condition of the streets between and surrounding the tracks on Water street, from Fulton street to Washington street, borough of Brooklyn, and also Front street, from Fulton street to Adams street, borough of Brooklyn, and which are dangerous for vehicles to travel through; Whereas, The railroad companies have long neglected making repairs on these streets, as required by law, be it Resolved, That the Board of Aldermen do hereby request the Public Service Commission to notify the railroad companies operating on above named streets that said railroad companies be instructed to make the necessary repairs immediately between the tracks, as required by law." The Commission is advised by counsel that upon the facts stated in the resolution and under section 98 of the Railroad Law and sections 45 and 383 of the Greater New York Charter, the duty of requiring these street railroad corporations to repair that portion of the streets used by them between their tracks, the rails of their tracks and two feet in width outside of their tracks, rests with the president of the borough of Brooklyn, and that it would be better to withhold any order of the Commission until the president of the borough of Brooklyn has exercised his authority by requiring the repairs to be made in such manner as he may prescribe. If the companies fail to comply, the Commission may then take necessary action. Section 98 of the Railroad Law referred to above provides as follows: "Every street surface railroad corporation so long as it shall continue to use any of its tracks in any street shall have and keep in permanent repair that portion of such street between its tracks, the rails of its tracks, and two feet in width outside of its tracks, under the supervision of the proper local authorities, and whenever required by them to do so, and in such manner as they may prescribe." Section 383 of the Greater New York Charter provides that the borough president is the proper local authority referred to in said section 98 of the Railroad Law. Very truly yours, [A street railroad corporation will be required to perform its obligations under section 98 of the Railroad Law to keep in repair that portion of the street between the tracks and two feet in width outside thereof. But a railroad company should not be required to repave where the rest of the street is in poor condition until the city will repave its area.] COMMISSIONER BASSETT : OPINION OF COMMISSION, In the month of March, 1907, the defendant companies were requested by the borough authorities of the borough of Brooklyn to repair the pavement on certain streets in said borough, but said companies failed to comply with said request, or complied therewith only in part, whereupon, in the month of October, 1907, the borough authorities made and served what they call a "peremptory notice " requiring the defendants to repair the pavement on a portion of said streets within thirty days thereafter as provided by section 98 of the Railroad Law. The defendant companies having failed to make the repairs mentioned within the See foot note, page 9. time prescribed, complaints were filed with this Commission by Bird S. Coler, president of the borough of Brooklyn, setting forth the facts and asking the Commission for relief. Copies of these complaints were transmitted to the defendants, accompanied by the usual complaint orders requiring the defendants concerned to satisfy the matters complained of or to make answer within ten days thereafter. The defendants filed various answers with the Commission, and upon the complaints and these answers orders No. 189, No. 190 and No. 191 were issued on January 6, 1908, returnable on January 21, 1908, which brought on the hearing herein. As all these orders were returnable at the same time, all three cases were consolidated and tried together. The hearing was had on January 21, 1908, and, by adjournments duly had, on January 28, 1908, and February 4, 1908. Order No. 189 has reference to Farragut road between Ocean avenue and East Twenty-sixth street. Order No. 190 has reference to Vanderbilt avenue, between Park avenue and Myrtle avenue; Nassau avenue between Diamond street and Morgan avenue; Franklin street, between Kent avenue and Commercial street; Manhattan avenue, between Driggs avenue and Newtown creek, and Driggs avenue between South Fourth street and South Twelfth street. Order No. 191 has reference to Marcy avenue, between Flushing avenue and Middleton street. Section 98 of the Railroad Law so far as applicable to paving, is as follows: "Every street surface railroad corporation so long as it shall continue to use any of its tracks in any street, avenue or public place in any city or village shall have and keep in permanent repair that portion of such street, avenue, or public place between its tracks, the rails of its tracks, and two feet in width outside of its tracks, under the supervision of the proper local authorities, and whenever required by them to do so, and in such manner as they may prescribe. In case of the neglect of any corporation to make pavements or repairs after the expiration of thirty days' notice to do so the local authorities may make the same at the expense of such corporation." The borough authorities have not proceeded to make repairs in these streets at the expense of the defendant companies as authorized by this section, but seek the aid of the Commission in the matter. If the complaints had been made by parties other than the borough authorities the Commission might hesitate to interfere and might be inclined to leave the matter to be settled between the borough authorities and the railroad companies, but when the borough authorities are themselves the one to make the complaint, I regard it as proper for the Commission to take such action as the circumstances warrant. The charters and franchises of some of the defendant companies contain certain provisions as to paving which are not the same as those contained in section 98 of the Railroad Law above quoted, but in my opinion all charter or franchise provisions in this regard, are superseded by the provisions of the section mentioned, and the paving obligations of all of said companies are fixed and determined by the provisions of that section. Under section 98 of the Railroad Law the area which a street surface railroad company is required to keep in repair consists of that portion of the street between the tracks, the rails of the tracks, and two feet in width outside thereof. The remainder of the street is to be kept in repair by the municipality. For convenience the area required to be maintained by the railroad company will be designated as the "railroad company's portion" and the remainder of each street will be designated as the " city's portion." The condition of the pavement in the various streets mentioned and between the points mentioned is shown by the evidence to be as follows: 1. Farragut road, between Ocean avenue and East Twenty-sixth street. On this street the railroad company's portion of the pavement consists of granite block, and the city's portion consists of macadam. The condition of the city's portion of the pavement is good, but the railroad company's portion is poor, owing to a regular series of depressions formed by the settlement of the granite blocks between ties, the blocks being laid on sand foundation and settling between the ties. This condition could be remedied by laying those granite blocks on a con |