[Vol. 15] Public Service Commission, Second District disclosing no unjust discrimination and their disturbance requir ing a general readjustment of commutation tariffs in order to avoid creating unjust discriminations, it is Ordered, That the complaint be and the same hereby is dismissed. In the Matter of the Petition of THE NEW YORK CENTRAL RAILROAD COMPANY under Section 54 of the Railroad Law for Consent to the Discontinuance of the Pulvers Station on the Hudson and Chatham Branch of the Boston and Albany Railroad, Lessor Case No. 6309 (Public Service Commission, Second Distri t, March 12, 1918) Application for the discontinuance of an existing station on the Hudson and Chatham branch of the Boston and Albany Railroad, leased by the New York Central Railroad Company. The attorney for the railroad, at the hearing in this matter, explained that the company desired to make the station in question, which is at Pulvers on the Hudson and Chatham branch of the Boston and Albany railroad, a flag station for passengers, and to discontinue the delivery and reception of freight in less than car-load lots, billing to be handled at Mellonville, a little over two miles away, or at Ghent, a little over three and one-half miles away. The company desires to do away with the services of the agent at Pulvers. Four passenger trains and one freight train pass Pulvers station each way on week days. senger trains each day make regular stops; the other are flag stops. From the showing as to tickets sold during the year and commutation tickets sold and the amount of freight shipped, held, that Pulvers was of sufficient importance to require the services of an agent, and that the station is a source of profit to the railroad company. Petition denied. Two pas BARHITE, Commissioner.- This is an application by the New York Central Railroad Company for consent to the discontinuance of Pulvers station on the Hudson and Chatham branch of the Boston and Albany Railroad, lessor. An agent is now kept at this station. At the hearing the attorney for the railroad stated that the company desires to make the station so far as passengers are agent. Public Service Commission, Second District [Vol. 15] concerned a flag stop, and to discontinue the delivery and recep tion of freight in less than carload lots, the billing to be handled at Mellenville, a station two and seventeen one-hundredths miles away, or at Ghent, three and sixty-nine one-hundredths miles away. The company desires to do away with the services of the Four passenger trains and one freight train pass Pulvers station each way on week days. Two passenger trains each day make regular stops; the others are flag stops. The number of single-trip tickets sold to Pulvers as a destination during the year 1917 was 1,635; and in addition, twenty-nine twenty-five-ride tickets were sold. There were during the same time 1,927 tickets sold out of Pulvers, in addition to thirteen forty-six-ride pupil tickets. The total revenue, passenger and freight, as estimated by the railroad company, was $2,600; as given by the petitioners, $2,687.34. The cost of running the station was in wages of agent $691.60, in addition to repairs, the cost not given; and I presume the amount paid for coal. Sixty-eight carloads of freight were shipped from the station during the year 1917. The amount of less than carload freight was not large. The amount of freight shipped to the station was not given. It would seem that Pulvers is of sufficient importance to require the services of an agent to care for the safety and convenience of passengers; to keep the station heated when necessary; in winter time to keep the walks to and from the station in passable condition; to receive orders for freight cars; to protect their contents while in process of loading; to ship and receive freight in whatever quantities it may be offered; to attend to the billing of the freight; and to perform such other duties as are usually performed by an agent at small stations in the country. The station is a source of profit to the railroad company, and the amount of the income over and above the expense of maintenance, including the salary of an agent, constitutes a very substantial sum considering the location of the station. Petition denied. All concur. [Vol. 15] Public Service Commission, Second District Petition of FRONTIER ELECTRIC RAILWAY COMPANY as to its Railway Proposed to be Constructed in and between Buffalo and Niagara Falls Crossing Certain Streets and Highways and Creeks; also as to Certain Franchises Case No. 5673 (Public Service Commission, Second District, March 19, 1918) Vacating a suspension order in reference to the Frontier Electric Railway Company. On October 17, 1916, an order was made by the Commission on the petition of the Frontier Electric Railway Company, but on March 20, 1917, the said order was suspended upon it being brought out in other proceedings that the said railroad was to be also operated as a steam railroad. The matter having been further considered by the Commission the suspension order of March 20, 1917, was vacated and the order of the previous year modified in relation to crossings at certain streets in the city of North Tonawanda. BY THE COMMISSION. In the matter above entitled the original order of October 17, 1916, was suspended March 20, 1917, on its LaSalle, N. Y., said International Railway Company and Frontier Electric Railroad was to be also operated as a steam railroad. After further consideration the Commission has determined to vacate its said suspension order of March 20, 1917, and to modify its order of October 17, 1916, by changing the paragraph under the caption "City of North Tonawanda," as it appears on pages 1 and 2 of said order as printed; and therefore it is Ordered: 1. That with reference to the crossings in the city of North Tonawanda the Commission's order of October 17, 1916, is hereby changed and amended to read as follows: City of North Tonawanda: Over Sweeney street by an overhead bridge carrying said railway over the street; over Tremont street by an overhead bridge carrying said railway over the street; over Goundry street by an overhead bridge carrying said railway over the street; over Christiana street by an overhead bridge carrying said railway over the street; over Schenck street by an overhead bridge carrying said railway over the street; over Ransom street by an overhead bridge carrying said railway over the street; Public Service Commission, Second District [Vol. 15] over Robinson street by an overhead bridge carrying said railway over the street; over Wheatfield street by an overhead bridge carrying said railway over the street; over the grades of Payne avenue, Linwood avenue, Fredericka street, East Felton street, Jackson avenue, Stenzel street, and Ward road by bridges carrying said railway over said streets; at grade the Witmer road and over the present grades of any other streets or alleged streets proposed to be crossed by this railway between Wheatfield street, and Ward road, including Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth and Nineteenth avenues, providing, however, that said railway company shall not be compelled to construct crossings at such alleged streets, including Fourteenth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, and Nineteenth avenues until determination in reference thereto shall be made by the Commission upon further application either by the railway company or the city of North Tonawanda." 2. That this order is made upon the condition and understanding that the Frontier Electric Railway Company shall upon the request of any proper officer, board, or commission, and upon the determination of the Public Service Commission, carry out the terms of a certain stipulation dated March 1, 1918, and filed with this Commission, made by the Frontier Electric Railway Company and the International Railway Company, which said stipulation is in the following words: "It is stipulated and agreed by the undersigned International Railway Company and the undersigned Frontier Electric Railway Company that upon the issuance of an order in above case No. 5834, granting consent of the Public Service Commission to the acquisition by the Pennsylvania Railroad Company and the Delaware, Lackawanna and Western Railroad Company of all the issued and outstanding capital stock of Frontier Electric Railway Company, and in consideration thereof and of the benefits to be derived by the undersigned from the consummation of the improvement of the River road (State route No. 30) in the village of LaSalle. N. Y., said International Railway Company and Frontier Electric Railway Company will cooperate in carrying out the [Vol. 15] Public Service Commission, Second District plan for the amelioration of the existing conditions caused by railroad crossings at grade in the Military Road and Main street in said village of LaSalle, and for that purpose do agree to and with the State of New York, that whenever in the improvement of the River road in the village of LaSalle (State route No. 30), the State Highway Commission shall construct a highway or bypass connecting the portions of the River road in said village south of the track of the New York Central Railroad Company between Military Road and Main street in said village, then and in that event said Frontier Electric Railway Company and said International Railway Company will jointly contribute and pay twelve thousand dollars ($12,000) toward the cost and expense of such highway and bypass at such time or times as they may be called upon to pay said amount during or upon completion of such work, by the officer, board, or commission in charge thereof, but said International Railway Company and said Frontier Electric Railway Company shall not be further obligated in respect of the work of constructing said bypass." 3. That this order is granted upon the condition that the Frontier Electric Railway Company, its successors and assigns, will do, carry out, fulfill, and perform all of the conditions set forth in the permissions granted by the city of Buffalo to said company to cross any of the streets of said city. 4. That the order of this Commission made on the 17th day of October, 1916, in case No. 5673, granted upon petition of Frontier Electric Railway Company as to its railway proposed to be constructed in and between Buffalo and Niagara Falls crossing certain streets and highways and creeks, also as to certain franchises, is hereby ratified and confirmed, and shall remain in full force and effect except as said order is amended, changed, or sup plemented by the terms of this order. 5. That the Frontier Electric Railway Company shall within twenty days after the service upon it of a copy of this order notify the Commission whether the terms of this order are accepted and will be obeyed. 6. That the order of March 20, 1917, suspending the order of October 17, 1916, is hereby vacated and annulled. |