APPENDIX.

Decisions and recommendations:

Complaints of cities, towns, associations, individuals, etc.

Decisions of courts affecting powers of the Board of Railroad Commissioners in complaints.

Stations and station buildings.

Crossings.

Decisions of courts as to questions arising under the Grade Crossing Law. Highway crossing signs on railroads.

Applications for change of motive power.

Applications for increase of capital stock.

Applications for consent to the issue of mortgages.

Applications for certificates under section 59 of the Railroad Law.

Decisions of courts as to questions arising under section 59 of the Railroad
Law.

Change of name.

Cessation of operation during winter.

Application for approval of cooking ranges in cars.

Lease of railroad.

Signals.

Approval of place for street surface railroad terminal.
Change of name of station.

Inspections.

Minutes of Board.

Unfinished business.

Companies formed.

Companies consolidated.

Certificate under section 59 of the Railroad Law, filed in the Secretary of

Alphabetical list of all companies formed under the laws of this State.
Rules of procedure.

Traveling expenses of the Board.

DECISIONS AND RECOMMENDATIONS.

Complaints of Cities, Towns, Associations, Individuals,

Etc.

I.

IN THE MATTER OF THE COMPLAINTS OF WILLIAM M. MACMAHON OF BROOKLYN, NEW UTRECHT AVENUE PROPERTY OWNERS' ASSOCIATION OF BROOKLYN, AND THE BOROUGH PARK AND BLYTHEBOURNE PROTECTIVE ASSOCIATION OF BROOKLYN AGAINST THE BROOKLYN HEIGHTS RAILROAD COMPANY.

Determination. July 6, 1905.

These complaints were filed with this Board in April and May, 1905. They allege that the practice of the Brooklyn Heights Railroad Company in running express trains to Coney Island through New Utrecht avenue, is dangerous to persons on the avenue because of excessive speed at which the trains are operated and they ask that the company stop these express trains at its Fifty-eighth street and New Utrecht avenue station, arguing that if this is done the trains will not be run at such high rates of speed through the avenue. The electrical expert of this Board made an investigation and report in the matter, the report containing recommendations which were made the recommendations of this Board, a copy of the report and a letter of recommendation being sent to the company, and the complainants were notified of this action. These recommendations were as follows:

"1. That orders be issued, and strictly enforced, that the rate of speed of trains on New Utrecht avenue between Fifty-fourth and Sixty-second streets, in either direction, shall not exceed twelve miles per hour; that signs be placed at each of these points notifying motormen to reduce speed to that limit.

2. That, in addition to the flagmen at present employed, flagmen be stationed at Fifty-fifth street and Fifty-seventh street; also, that the flagman now stationed at Fifty-eighth street station be located at Fifty-eighth street crossing."

The company thereafter informed this Board that the recommendations had been complied with. The complainants alleged that the recommendations had not been complied with, and this Board gave a public hearing in the matter at the New York office of the Board on June 21, at which Lewis J. Doolittle appeared for complainants; Dow S. Smith, superintendent, appeared for the company. The complainants reiterated their contention that the express trains should stop at Fifty-eighth street. After hearing evidence and arguments the hearing was closed.

After consideration of the evidence the Board believes that the complainants are justified and that the remedy suggested, that of stopping all trains at Fifty-eighth street, is the right one. The built-up business section of this avenue extends from about Fifty-fourth street to about Sixtysecond street, and the operation of these express trains in this section without stopping is dangerous to those using the highway. The Board at first believed that compliance with the recommendations quoted above would very materially diminish the danger, but the evidence at the hearing was convincing that the proper remedy is the stopping of the express as well as the local trains at Fifty-eighth street, as was the case until this year.

This Board, therefore, hereby recommends to the Brooklyn Heights Railroad Company that all of its passenger trains operating in both directions

through New Utrecht avenue, Brooklyn, stop at the Fifty-eighth street station of said company's railroad. This recommendation is in addition to the recommendations heretofore made as shown above.

The company applied for re-hearing in the matter of the recommendation as to its express trains stopping at the Fifty-eighth street station, which hearing was given in New York city on Friday, July 28, 1905. Thereafter, the Board again considered the subject of stopping express trains at this station and having in mind the interest of the whole public using the line, it determined not to proceed through the Attorney-General to enforce the recommendation as to all trains stopping at the Forty-eighth street station. Various reports were made by inspectors of the Board as to the speed of trains through New Utrecht avenue. After the summer season the express trains were withdrawn and the flagmen as recommended by this Board were withdrawn. Thereupon complaint was made to the Board as to withdrawal of the flagmen, and the Board on December 16, 1905, recommended to the company that a flagman be stationed between Fifty-fourth and Fifty-fifth streets, and that a flagman be stationed between Fifty-seventh and Fifty-eighth streets on New Utrecht avenue, which recommendation, after correspondence, the company informed the Board, had been complied with, a copy of the company's letter being sent to Mr. Norton, one of the complainants. The case was closed. Further complaint in this matter was received during the summer of 1906, a statement as to which will be found under this title in this volume, in the complaint of J. Wadsworth Norton. (Case No. 3338.)

II.

E. A. TREDWELL AGAINST THE LONG ISLAND RAILROAD COMPANY AS TO ALLEGED
OVERCHARGE IN PAYMENT OF PASSENGER FARE.
December 13, 1905.

This complaint of E. A. Tredwell of New York city against the Long Island Railroad Company, was filed with this Board on October 25, 1905. It alleged an overcharge of forty-two cents in payment of passenger fare for three persons on the Long Island Railroad from East New York to Jamaica. A copy of the complaint was sent to the company. The company answered that the rate charged was the regular fare on the train in question when tickets were not purchased; that at the point in question in East New York the regular station was not completed, but that tickets were sold from a small building which bore no indication of its being a ticket office, and that inasmuch as there was no sign on this small building indicating that tickets were sold there it would refund the forty-two cents paid by complainant. A copy of this answer of the company was sent to complainant, who replied disclaiming intention in the complaint to compel the return of the forty-two cents and stating that the complaint was in the public interest. After further correspondence with the company and complainant the case closed. See matter of the complaints of Vail and Allen against this company on this subject under this title in this volume. (Case No. 3442.)

was

III.

IN THE MATTER OF THE COMPLAINT OF EDWARD LIVINGSTON OF HIGHLAND STATION, PUTNAM COUNTY, AGAINST THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY, AS TO OVERCHARGE ON SHIPMENT OF FREIGHT.

December 13, 1905.

This complaint, by Edward Livingston of Highland Station, Putnam county, against the New York Central and Hudson River Railroad Company, was filed with this Board on October 25, 1905. It alleged that the company had over