,

DECISIONS OF

The Public Service CommissionOF THE

COMMONWEALTH OF PENNSYLVANIA

August 21, 1922, to July 1, 1924

VOLUME VI

HARRISBURG, PA.Telegraph Press Printer to the Commonwealth

1926

DECISIONS OF THE, PUBLIC SERVICE COMMISSION. lilli

or is unable to make satisfactory arrangements for a continuance ofthe service furnished thereby, it is at libery to install its own sys­tem or to contract for some other method for lighting its streets.

The city introduced testimony to show that it had in contempla­tion the installation of the proposed lighting system for a long timeprior to taking any definite action thereon; that it had investigatedother lighting plants, both in and outside of the State of Pennsyl­vania, with a view of determining what action it should take, andthat in the preparation of the specifications, pursuant to the planadopted, its only object and purpose was to safeguard the citizensin securing the best lighting system available for the streets underconsideration. It is denied on the part of the city that there is anyhostility towards the Citizens Electric Company, or that there wasany intention on the part of the city authorities to preclude thatcompany, or any other electric company, from bidding on the con­tract, or that the specifications as drawn were of a character to pre­clude any electric company from bidding thereon.

Upon due consideration of the whole record, there is nothing toindicate any unfairness, much less illegality in the proceedings lead­ing up to the letting of the contract in question, or in the contract itselfthat is inimical to any of the parties or interests involved; nor doesit appear that the contract is an improvident one either on the part ofthe city or on the part of the Lycoming Edison Company, and inthese circumstances the Commission would not be warranted in with­holding its approval .thereof and a certificate of public conveniencewill issue evidencing the Commission's approval of the contract asprayed for.

MONROE COUNTY AUTOMOBILE CLUB•

V8.

DELAWARE, LACKAWANNA AND WESTERN RAILROAD COM­PANY, STATE HIGHWAY DEPARTMENT, COUNTY OF MON­ROE AND TOWNSHIP OF STROUD

COMPLAINT DOCKET No. 5548

Grade crouin(Js-Danuerou8 conditionr-Abolitio.n of-Appropriation of prop­mf/-Apporlf.on..mento! 008t8.

C. C. 81f,'Ull for Complainant.. . Jlorgan for Delaware, Ilackawanna & Western Railroad Co.

51 DECISIO S OF THE PUBLI SERVICE COMMISSION.

, Jack on for t Hi h way Dcpal·tluC'l1 t.J. B, ~ 'ill'anl f I' ,nnt of fonroe .

. H. hod for T wnship of \tr uel and Le\yis Transue.FOl' sf J. IJ-I r in f r Jacob AnthollY allel :Shern1.an Vanvliet.-

REPORT BY THE ·Ol\1MJS.IO .. cptnnbrr .'1.'-;.1923:

plan.W'n r

By thi complaint the aboljtjon Df h,o cros ings at grade o\€rthe four tracks of the main line of the Delaware, Lackawanna andWe tern Railroad in Stroud Towrn hip, ::\Ionroe County, is sought tobe accomplished. One o£ them, on the to'wTIship road, is locally knowna Turner s Crossing, and is located about three miles northwestof Ea t Stroudsburg. The other is on State Highway Route No.169 (secondary system) locally kno\"n a. Sand House Crossing andis about three and three-fourth mile;~ northwest of East Stroudsburg.

The dangerous character of the crossings is concededi by all theinterested parties and W'as fully establi. hed by the evidence. Thehighways eros ed are important arteries of travel and exten ivelyu ed. The railroad grade i heavy and ascending going westward,From East Stroudsburg to Mount Pocono the grade is the heavie ton the Lackawanna system and is about eighty feet to the mile.Between the two crossings the railroad company operates a torageyard of six or more tracks, resulting in lTIany switching movementsover the Sand House Crossing.

Prior to the hearings, numerous conferences were had, participatedin by the count) officials, railroad engineers, representatives of theState Highway Department and of the Commission's Bureau of En­gineering. At the hearing~ the railroad company presented a defi­nite plan where by the location of a highwa on the east side of .the.track and the building of a viaduct over the railroad about mid-way between the two crossings the dang·ers can be eliminated a~ld

the two crossings closed. This plan submitted by the railroad metthe substantial appro-vaJ Qf all parties and ·with certain sugge tionsmade by the State High~ ay Department at th hearing in modifica­tion thereof with re pect to the curve -of a viaduct approach, iadopted by the Commission and: made the basis of a conclusion here­inafter reached in this report, and the blue print plan ther for ihereto attached as a part hereof.

I t e 10 tion of the hi hW8", according to th proP,,"C'£\it to P riate c.rt On land and th pr

o of t hearin ° Th'-&61ll.....1 by the viden £. r h

u ~ Thr Th u an Fi\

DE ISIONS OF THE PUBLIC SERVICE COMMISSION: 517

Hundrrd :F'ifty-seven Dollars a'nd thirty-seven cents, of which theviaclurt it~elf was estimated to cost rrwenty-seven Thousand Six lIun-

0'

dred Four Dollars and thirty-nine cents; the relocated highway Sixty-six Thousand Four Hundred Sixty-two Dollars and forty-four cents;temporary track, false work, engineering', etc., Nine Thousand FourHundred Ninety Dollars and fifty-four cents. The parties themselvesagreed 11 pOll and submitted to the Commission proposed allocationof these ('ost factors with the exception of the determination of con­sequential property damages cal1sed by the closing of the crossings.

The County of Monroe offered to procure or in the event of in­ability to make arrangements with the owners to pay for the landdamagps caused by the appropriation of land for the new highwayon the east side of the track and for the connecting highway cross­ing thE' viaduct on the east and west side of the railroad. Theyobjected to being responsible for any purely consequential damagesto property mvners whose land ,vas not taken, or who might be affectedby the closing of the crossings, but suggested with reference to thesethat jf there were such damages they would assume the paymentof three-fourths, if the To"vn~hip of Stroud, in which these crossingsare located, would bear the other one-fourth. The Commission isof the opiuion that there will be no property damages of tbnJ, charac- ,/tel', but in order that the record and order may be complete, we willdetermine upon whom will rest the burden of paying such consequen­tial dlllmages in the event that they are hereafter established.

In the light of the whole record, the Commission finds:1. That the crossings at grade involved in this proceeding

are dangerous and their abolition necessary for the safety, ac­commodation and convenience of the public; that said aboli­tions be accomplished by closing and barricading said crossingsto all traffic at, and by vacating the highvi'ay ,vithin the rightof way lines of the railroad company; that the abolition bemade in accordance with the general plan No. 96.10 revised July30th, 1923, and which is hereby approved. That detailed plansfor the concrete viaduct be prepared by the railroad company,submitted to the Commission for approval within 30 days fromdate of service the-reof, and that said abolition become effect­ive upon the construction and opening of the roads and viaducthereinafter provided for.

2. That a crossing of the railroad by an overhead bridge orviaduct be established at the point and in the manIler indicatedin the attachedi and approved plans.

3. That the land described on the attached blue print and4000nlpanying ortler be appropriated for the purposes. intendedin accordance with centre lines of the high"ways directed to be-.bli hed.

4. The Delaware, LackawElnna and Western Railroad Com..t it epense hall construct and complete the reinforced

51 DECISIONS OF THE PUBLIC SERVICE COMMISSION.

concrete viaduct according to said plan, the structure to con­sist of eight spans and a total length of approximately 300 feet;the vertical clearance over all the tracks to be not less than 22feet; the horizontal width approximately 28 feet; consisting ofa clear roadway of 24 feet. The approaches to the viaduct shallnot exceed 5% gTade.

5. "rhe Delaware, TJackawanna and Western Railroad Com­pany shall constrnct at its expense the new stretches of statehighway and township road, according to said plans; the roadsto he finished to sub-grade and in accordance with the StateHighwa,y Department's standards in cross section; also to in­stall all drainage structures of adequate dimensions where need­ed along- the new highways.

6. The State Highway Department having agreed thereto, isto construct at its eiXpense the shale surfacing for the totallength of the new high \~Tays and the a.pproaches to the viaduct;also to lay the paving on the viaduct and construct all cableguard fencing where deemed necessary.

7. The County of Monroe shall acquire or pay for all landappropriated including damages resulting from said appropria­tion £01' the new roads and the viaduct over the railroad (out­side of railroad right of way).

8. The County of Monroe and the Township of Stroud shallpay all consequential damages, if any, tha,t may be lawfullyclaimed by the property owners fronting the present highwayon account the closing of the two crossings, in the event theCommission shall make awards therefor, in the ratio of three­fourths by the County of :Monroe and one-f.ourth by the Town­ship of Stroud.

9. With respect to the maintenance of the roads and thestructure over the railroad after completion, the Commissionfinds and determines that the railroad company shall maintainthe viaduct, the State Highway Department shaH maintain theapproaches and the paying on the viaduct. The Township ofStroud shall maintain the approach of the township road con­necting with State Higlnvay Route No. 169.

10. The Commission finds and determines that aill the workon this improvement shall be completed on or before December1, 1924, and upon the opening of the improvement to public usethe two crossings involved in these proceedings shall be properlybarricaded by the erection of substantial fences located on theboundary lines of the railroad and so maintained.

An order will issue carrying the above findings, determinationsand conclusions into effect.

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