· .

DECISIONS OF

The Public Service CommissionOF THE

COMMONWEALTH OF PENNSYLVANIA

JUNE 1, 1919 to NOVEMBER 30, 1920.

VOL. IV

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·4 n <,C'I~JO. -. OF TEtE PI13LlC 'ERVIOE CO;\fMISSION.

feet north of Daugherty' Run, and about 20 miles outh of TroutRun Station are dangerou . to the traYeling public alld the abolitionthereof necessary for the safety, accommodation and cOll\'enience ofthe public, and further hearing hadng been had upon the questionof the adoption of the plan,' for the re-Iocation of said high" ay pre­l,al'cd by the ~ta te Highway Department which will affect the elimina­tion of said grade cros, ing and upon the que. tion of the apportion­ment of the <.:ost of ..aid impl'O"emen t, and the Commi sion having onthe uate hereof maUl' and filed of record a report containing its find­ings of fact and conclu ..ions thereon, together 'with its orders relativeto the apportioliment of tue cost of said abolition and relocation andthe work to be done thereon, which said report is hereby approvedand made part hereof;

N01V, to-wit, July 27, ]('20, rr IS ORDERED: That the saidcrossings at grade ill Lewis Township, Lycoming County, be and thesame are hereby abolished in accordance with the plans submittedtherefor by the State Highway De]Jartment and filed of record, whichsaid plans al'e hel'eby approved.

IT IS FURTHER ORDERED: That th Pennsyh-ania RailroadCompany, the County of Lycoming, and the Township of Lewis sever­ally carry out the findings and determinations of the Commission inthe manner and according to the term and conditions contained inthe foregoing report.

BOROUGH OF BANGOR

'Vs.

DELAWARE, LACKAWANNA & WESTERN RAILROAD CO~I­

P ANY, NORTHAMPTON TRACTION COUPANY, BANGOR& PORTLAND TRACTION COUPA~r.

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COMPLAINT DOCKET No. 3167.

Crossings at grade-A.bolition of-Apportionment 0/ corio

ApPEARANCES:

Thomas O. Werner, S. J. Spry, and, H. H. ,Hegerman, for Com-plainant.

Everett Kent, Solicitor, for North81'Bpton County.Gomer W. Morgan, for Be8pondent. .J. Ha1den Oliver, for Admtnll .

DE I IONS OF ~r.HE l'UllLIO SERVICE OMMISSION. 649

REPORT OF THE CO~ll\IISSION.

B TH E OMMlSSION :

The Delaware, Dackawanlla & ",Vestel'n Railroad Company, one ofthe r~ 'p(mdents, at the present t:me operates four tracks of its roadat gradl' across Messinger Street in the Borough of Bangor, North­ampton County, Pennsyhania. The Commission determined that this('1'0 siug ,vas dangerons. The respondent railroad company sub­mitted plans for the construction of an overhead yiaduct about 300feet in length and 31 feet in width, carrying. the highway over itstracks with a 22 foot vertical clearance, extending the viaduct acrossa stream over which the County of Northampton had, some yearsago, erected an 18 foot bridge, which will not be required after thedaduct is completed. Messinger Street is 40 feet in width. On t!1eproposed viaduct there will be a road'way 24 feet wide in the clearand a side,valk 4 feet 7 inches. The eastern approach to the viaductwill haye an 8 per cent. ascending grade and the western approachwill be a trifle less than 9 per cent. These grades can not be avoidedon account of the excessive grades in this locality. The Bangor &Portland Traction Company, now operating a line of street railwayin the Borough of Bangor, will, when the viaduct is completed, con­struct and operate a single track across the same. .

The original estimate of the cost of the proposed viaduct, made, some time ago, was in the neighborhood of $45,000.00. On accountof increased cost of labor and materials, it is now estimated to costupwards of $65,000.00. The Delaware, Lackawanna & Western Rail­road Company shall construct the viaduct, including the necessary. .abutments, and the Borough of Bangor shall construct at Its own costthe necessary approaches. The Delaware, Lackawanna & WesternRailroad Company shall also pay two-thirds of the entire cost ofbuilding the viaduct and abutements, being the work it has consentedto do. The completion of this viaduct will be a great improvementto the Borough of Bangor, and of much benefit to the traction com­pany, as it will thereqy be permitted to make connection with theNorthampton Traction Company, also operating in Bangor Borough.The county bridge heretofore built by Northampton County will nolonger be required and the county will be relieved from the cost ofita maintenance.

While this improvement is located within the Borough of Bangort will be a benefit to the general public. The Borough of Bangor

thr:viIltt community of upwards of 6,000 inhabitants, situated inaelLrt f the late dietrict of Northampton County.

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:81' \' lOE -'Ol\IMISSION.

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G50 DI~l,ISIO F TilE P BLI

'1'1 l~ , , ,'.. U }l'l'" (lctermiu 'u and llcreby aSSl'~S(,S on the CountyIe OilllllI~ISIO .. '" , " tl ' d

1 ~ 11) llied toward the reillallllJ1g one- llI' of theof North;\~llp,ton, to lJe .. 11 1" f $~ 500,00; <-lIlel :li"sesses on th('o~l of ~llld llUl'l'Or l'me nt, the ::lUll 0, . '. ,e

. . t 1" ,tPl-llied toward the remaJlllng one-thIrd ofBorolll-:' h of BilllgOI, u ue .. , .the l'O~t of ~n:d improvement, thp Uill of $1,00,0.00, the ~angor &

." t the lJalauce uf the one-thIrd of thl.odl<lllll 'l'l'ildlOI1 Compauy a pay , ef· ','d 'd ·t as constructed by the raIlroad companytotal cost 0" saL \'1:1 ue ',' .

The BOl'llUgh of Bangor, in addition to construdIllg the earth ap-proa<:ht's t~ the viaduct shall pay all property' damages of ~very

1,' 1 tl' t ' b Ie Yally assessed on account uf the constructIOn ofdll( La ill.:ly e g , ,the Yinduct, The payments herein assessed agamst the County ofNorthampton and the Borough of Bangor and the Bangor & PortlandTractiou Company shall be paid to the Del~ware, Lackawanna &'Vestern Railroad Company, when and as certIfied to by The PublicService Commission, '1'he plans submitted being satisfactory to allparties concerned are approved, The respondent railroad companyshall maintain the viaduct and the Borough of Bangor the approach­es, rl'he Bangor & Portland Traction Company shall, at its own costand expense construct and maintain its line of street railway acrossthe viaduct, including poles, wires, etc" the work of this improve,rnent to be fully completed on or before November 1, 1920,

ORDER.

This matter being before The Public Service Commission of theCommonwealth of Pennsylvania upon complaint and answers on file,and the Commission having by its order dated March 1, 1920, foundand determined that the existing crossing at grade at a point wberethe tracks of the Bangor & Portland Division of th Delaware, Lacka-,

wanna & "restern Railroad Company cross Messinger Street in tbeBorough of Bangor, Northampton County, is dang rous to the trav­eling public and the abolition thereof necessary for the accommoda­tion, convenience and safety of the public, and further hearing havingbeen had upon the question of the adoption of plans, and specifica­tion prepared by the Delaware, Lackawanna & Western Railroad

mpany, providing for the abolition of said ~rade crossing and uponth qu stion of the apportionment of the cost and expense incidentto aaid abolition inclUding damages due to adjacent property owner,and the Oommi8sion having on the date hereof made and fil d ofrecord a report containing its finding. of f ct and conclusions th I' ontog th r with its order relativ to t pportJonmpnt of th cost ofaid abolition and th or to. hich aid report i,

hereby approved and m d p rt h ;

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DECISIONS OF THE PUBLIC SERVICE COMMISSION. 651. .

NOW, to-wit, July 27, 1920, IT IS ORDERED: That said gradecrossing in the Borough of Bangor, Northampton County, be and thesame is hereby abolished in accordance with the plans submitted bythe Delaware, Lackawanna and Western Railroad Company and filedof record, which said plans are hereby approved. \,. .

IT IS FURTHER ORDERED: That the Delaware, Lackawanna& Western Railroad Company, the Bangor & Portland Traction Com­pany, the County of Northampton and the Borough of Bangor sev­erally carry out the findings and determinations of the Commission inthe manner and according to the terms and conditions contained inthe foregoing report.

SUPERVISORS OF WINDSOR TOWNSHIP, YORK CO"GN1.'Y

178.

'rHE STATE HIGHWAY DEPARTMENT OF THE COMMON·WEALTH OF PENNSYLVANIA.

COMPLAINT DOCKET No. 3197.

Crossings at grade-Abolition of-Apportionment of cost.

ApPEARANCES:

S. S. Laucks, for Complainants.E. Philip Stair, for York Railways Co.Joseph W. Hunter, for State Highway Dept.

REPORT OF THE COMMISSION.

By THE COMMISSION: .Thi8 complaint is lodged against two grade CrOS8~ngs 10cated.1D

Wind80r Township, York County, where a certain. hIghway leadlr;;from the Borough of Red Lion to the Borough of WIndsor .cross; ~:Rin Ie track of the York Traction Company. The ~tate Hlghw Y~Dt and the local authoritie8 have entered Into a contract for