Sidebilder
PDF
ePub

Block Signals.

Some form of system of block signals, as stated in the report of last year, is being generally adopted, and such a system has already been in full operation on the New York Central and Hudson River railroad for nearly wo years, and on the New York, Lake Erie and Western railroad for more than a year. There has not been a rear collision of passenger trains on those railroads since the adoption of such system.

Electric and Cable Street Railroads.

The Board renews its recommendations of last year in regard to electric and cable street railroads. They were set forth in full in the report of last year, and as they form considerable portion of that report it is not deemed best to repeat them at length in the body of this report.

The use of this new form of motor has been followed by an inexcusable increase in the number of deaths and injuries. If the recommendations made last year by the Board had been adopted by the roads, there would have been a decided falling off in the number of such casualties. The Board can not too earnestly recommend the observance of these suggestions. The Legislature may wisely consider the propriety of embodying at least a part of them in some enactment. The Board again urges the Legislature to take this course.

The recommendations are, therefore, attached to this report, following the proposed grade-crossing bill.

Legislation looking to the amendment of section 100 of the Railroad Law is also advised, so that it shall be made. clear that the provisions of said section apply to new construction as well as the change of motive power by old roads.

An effort was made last year to present a new and perfect railroad map of the State in connection with the report. The

failure to do so was the result of the method employed in printing. The Board takes pleasure in announcing this year, however, that the difficulties of last year have been overcome, and that the map presented with the report of 1894 is not only perfect in all details regarding railroads of this State, but has been pronounced the best railroad map of any of the States.

All of which is respectfully submitted.

SAMUEL A. BEARDSLEY,

MICHAEL RICKARD,

ALFRED C. CHAPIN,

Commissioners.

PROPOSED GRADE CROSSING BILL.

AN ACT to amend article two of the Railroad Law, relative to grade crossings.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Article two of the Railroad Law is hereby amended by adding thereto the following sections:

§ 60. All railroads hereafter built must be so constructed as to avoid all public crossings at grade, except when authorized by the board of railroad commissioners to otherwise build. Whenever application is made to the board of railroad commissioners under section fifty-nine of the Railroad Law, or whenever an existing railroad desires to extend its lines before beginning construction, there shall be filed with said board a map showing the streets, avenues and highways proposed to be crossed by the new railroad, and the said board shall determine whether such crossings shall be at grade or otherwise. Whenever an application is made under this section to determine the manner of crossing, at grade or otherwise, the said board shall designate a time and place when and where a hearing will be given to such railroad company, and shall notify the municipal corporation having jurisdiction over such streets, avenues or highways proposed to be crossed by the new railroad. The said board shall also give public notice of such hearing in at least two newspapers published in the locality affected by the application, and all persons owning land adjoining the proposed railroad, or in the vicinity of the proposed crossings, shall have the right to be heard. The decision of the said board rendered in any proceedings under this section shall be communicated, within twenty days after final hearing, to all parties to whom notice of the hearing in said proceeding was given, or who appeared at said hearing by counsel or in person.

§61. When a new street, avenue or highway, or new portion of a street, avenue or highway shall hereafter be constructed across a railroad, such street, avenue or highway, or portion of such street, avenue or highway, shall pass over or under the railroad or at grade as the railroad commission shall direct. Notice of intention to lay out such street, avenue or highway, or new portion of a street, avenue or highway, across a railroad, shall be given to said railroad company by the municipal corporation, at least fifteen days prior to the making of the order laying out such street, avenue or highway, by service personally on the president or vice-president of the railroad corporation or any officer thereof. Such notice shall designate the time and place and when and where a hearing will be given to such railroad company, and such railroad company shall have the right to be heard before the authorities of such municipal corporation upon the question of the necessity of such highway. If the municipal corporation determine such highway to be necessary, it shall then apply to the board of railroad commissioners before any further proceedings are taken, to determine whether such street, avenue or highway, or new portion of such street, avenue or highway shall pass over, under or at the existing grade of such railroad; whereupon the said board of railroad commissioners shall appoint a time and place for hearing such application, and shall give notice thereof, as they judge reasonable, to the railroad company whose railroad is to be crossed by said new street, avenue or highway, or new portion of a street, avenue or highway, to the municipal corporation and to the owners of land adjoining the railroad and that part of the street, avenue or highway to be opened or extended. The said board of railroad commissioners shall determine whether such street, avenue or highway, or new portion of a street, avenue or highway, shall be constructed over, under or at the grade of such railroad; and if said board determine that such street, avenue or highway shall be carried across such railroad above grade, then said board shall determine the height, length and material of the bridge or structure by means of which such street, avenue or highway shall be carried across such railroad, and the length, character and grades of the approaches thereto; and if said

board shall determine that such street, avenue or highway shall be constructed or extended below the grade, said board shall determine the manner and method in which the same shall be so carried under, and the grade or grades thereof, before the damages that may be occasioned to any person by the taking of land for such highway are finally assessed. The decision of the said board as to the manner and method of carrying such new street, avenue or highway, or new portion of a street, avenue or highway, across such railroad, shall be final. The decision of the said board rendered in any proceeding under this section shall be communicated within twenty days after final hearing to all parties to whom notice of the hearing in such proceeding was given or who appeared at said hearing by counsel or in person.

§ 62. The mayor and common council of any city, the president and trustees of any village, the town board of any town, within which a street, avenue or highway crosses or is crossed by a railroad at grade, or the directors of any railroad company, whose road crosses or is crossed by a street, avenue or highway at grade, may bring their petition in writing to the board of railroad commissioners, therein alleging that public safety requires an alteration in the manner of such crossing, its approaches, the method of crossing, the location of the highway or crossing, the closing of a highway crossing and the substitution of another therefor not at grade, or the removal of obstructions to the site at such crossing, and praying that the same may be ordered; whereupon the said board of railroad commissioners shall appoint a time and place for hearing the petition, and shall give such personal notice thereof as they shall judge reasonable to said petitioner, the railroad company, the municipality in which such crossing is situated, and to the owners of the lands adjoining such crossing and adjoining that part of the highway to be changed in grade, and shall cause notice of said hearing to be advertised in at least two newspapers published in the locality affected by the application; and after such notice and hearing, the said board of railroad commissioners shall determine what alterations, changes or removals, if any, shall be made. The decision of the said board of railroad commissioners rendered in any proceding under this section shall be communicated within twenty days after final hearing to all parties to whom notice of

« ForrigeFortsett »