an electric railroad between Auburn and Seneca Falls), under section 59 of the Railroad Law, for a certificate that public convenience and a necessity required the construction of its railroad. The certificate applied for was refused. The company appealed to the Appellate Division of the Supreme Court, Fourth Department, and that court during the past year sustained the decision of the Board.

In January, 1898, the Board consented that the Ulster and Delaware Railroad Company abandon its Fair street passenger station, in the city of Kingston. An appeal was taken, by persons interested, to the Appellate Division of the Supreme Court, Third Department, which court sustained the decision of the Board. A further appeal was taken to the Court of Appeals, which court during the past year affirmed the decision of the Appellate Division.

The Board in February, 1898, refused the application of the Riverhead, Quogue and Southampton Railroad Company (proposing to construct an electric railroad on Long Island) for a certificate that public convenience and a necessity required the construction of its railroad. The company appealed to the Appellate Division of the Supreme Court, Second Department, which court during the past year sustained the decision of the Board.

In August, 1898, the Board granted the application of the Goshen Railroad Company (proposing to construct a steam railroad) for a certificate that public convenience and a necessity required the construction of its railroad. The action of the Board in this matter was reviewed by the Appellate Division of the Supreme Court, Third Department, and reversed. An appeal was taken to the Court of Appeals, which court during the past year sustained the opinion of the Appellate Division.

In September, 1898, the Board granted the application of the New York and North Shore Railway Company (proposing to construct an electric railway on Long Island) for a certificate that public convenience and a necessity required the construction of its railroad. The action of the Board in this matter was

reviewed by the Appellate Division of the Supreme Court, Third Department, and sustained. An appeal was taken to the Court of Appeals, which court during the past year affirmed the decision of the Appellate Division.

In August, 1899, the Board refused the application of the Babylon and North Shore Railroad Company (proposing to operate a railroad by Kinetic stored steam motor) for a certificate that public convenience and a necessity required the construction of its railroad. The determination will be found in this volume. The company has requested the Board to certify a copy of the maps and papers in the case to the Appellate Division of the Supreme Court, Second Department.

On August 17, 1898, the village of Andover petitioned this Board to determine the manner in which a highway in said village should cross the Erie Railroad. The village desired that the crossing should be made at grade. The Board determined that the crossing should be made above grade. The determination will be found in this volume. The village has served the Board with a notice of appeal, under the statute. The notice of appeal has been referred to the Attorney-General.

On February 25, 1899, the town board of the town of Schaghticoke, Rensselaer county, petitioned the Board to determine that a highway crossing in said town, near Melrose, should be carried underneath the Fitchburg Railroad. After proceeding as required by the statute, the Board determined that the crossing should be carried underneath the railroad. The determination will be found in this volume. The railroad company has served the Board with notice of appeal, under the statute. The notice of appeal has been referred to the Attorney-General.

On May 9, 1899, the town board of the town of Dayton, Cattaraugus county, petitioned this Board to determine the manner in which a highway in said town should cross the Erie Railroad. The town desired that the crossing should be made at grade. The Board determined that the crossing should be made above grade. The town has served the Board with a notice of appeal, under the statute. The notice of appeal has been referred to the Attorney-General.

The Grade Crossing Law.

Work under the Grade Crossing Law has been prosecuted diligently during the past year. The law provides as follows: 1. That no steam railroad hereafter constructed shall cross highways at grade, without the consent of this Board. 2. That no highway shall hereafter be constructed across a steam railroad except in a manner to be determined by this Board. 3. A method for abolishing existing grade crossings. The expense of building new railroads over or under the grade of highways must be borne by the company. The expense of building new highway crossings over or under the grade of steam railroads must be borne, half by the municipal corporation and half by the railroad company. The expense of abolishing existing grade crossings must be borne, fifty per cent. by the railroad company, twenty-five per cent. by the State, and twenty-five per cent. by the municipal corporation.

So far as the crossing of highways by new steam railroads is concerned, the Board has determined, in but few instances, that this may be done, and in those, the reasons why the railroad should be permitted to cross at grade were so patent that the spirit of the law was not violated.

In this volume, and in the first volume of the report for 1898, will be found determinations as to the construction of new crossings of railroads by streets and highways. In most instances, the Board has determined that the new crossing shall be either above or below the grade of the steam railroad. The Board has endeavored to follow the spirit as well as the letter of the law in such cases.

The importance of these two provisions is apparent. The law has accomplished prevention as well as cure. Its most important provision, however, is a method of abolishing existing grade crossings, and the Board now proceeds to a statement of what has been accomplished in this direction. Following will be found a statement of grade crossings which the Board has determined shall be changed to over or under the grade of railroads, or discontinued. At the beginning of the paragraph is the name of the petitioner.

1. VILLAGE OF SHORTSVILLE, ONTARIO COUNTY.-This was a petition for a determination by the Board that East avenue, in said village, should be carried under the Auburn branch of the New York Central and Hudson River Railroad. The Board determined this application in the affirmative, and the undercrossing is now in existence and used.

2. TOWN BOARD OF THE TOWN OF SCHODACK, RENSSELAER COUNTY. This was a petition for a determination by the Board that three grade crossings of the Boston and Albany Railroad, at Brookview, in said town, should be abolished. This application was determined in the affirmative, and the work has been completed. When the petition was made, the highways known as the Boom Barrack road, Pucker street and Brookview avenue crossed the railroad at grade at points near together. Under the determination of the Board, the crossings at Pucker street and the Boom Barrack road are closed and discontinued, and the travel on these crossings diverted to Brookview avenue by the construction of connecting pieces of highway, Brookview avenue being carried across the railroad, above grade, by means of a substantial and commodious iron bridge.

3. THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY. This petition was for a determination that two grade crossings of the Mohawk and Malone branch of the petitioner's railroad, by the Blue Pond road highway, near the Lake Clear station on said railroad, should be closed and discontinued, and that a new piece of highway should be constructed, continuing the Blue Pond road so that it should not cross the railroad. This petition was granted. The work has been accomplished and the two crossings are closed.

4. TOWN BOARD OF THE TOWN OF MADISON, IN THE COUNTY OF MADISON. This petition asked the Board to determine that two grade crossings of the New York, Ontario and Western Railway, near the Solsville station on said railway, should be closed and discontinued, through the construction of a connecting piece of highway, which would render unnecessary the crossing of the railroad at these two points. The Board determined that the connect

ing piece of highway should be constructed, with the result that three, instead of two, grade crossings have been abolished, and the greater part of the travel has been diverted from a fourth crossing, which it was found impracticable at this time to close.

5. TOWN OF LIBERTY, SULLIVAN COUNTY.-This petition was for a determination that two grade crossings of the New York, Ontario and Western Railway, known as Francisco's and Hardenbergh's crossings, should be closed and discontinued and the travel thereon diverted to a new overhead crossing to be located between the two crossings named. The Board determined that this should be done, and proceedings are now pending for the acquirement of the necessary land for connecting pieces of highway. When the work is completed, Francisco's and Hardenbergh's crossings will be closed and the travel accommodated by an overhead bridge situated between the two.

6. VILLAGE OF ST. JOHNSVILLE.-This petition was for a determination that the Bridge street crossing of nine tracks of the New York Central and Hudson River Railroad, in said village, should be changed from grade and carried over the railroad by means of a bridge. The Board determined that this should be done, and at the time of writing this report the bridge is nearing completion. 7. THE NEW YORK CENTRAL AND HUDSON RIVER RAILROAD COMPANY. This was a petition for a determination by the Board that a highway crossing of the Mohawk and Malone Railway (leased to the New York Central and Hudson River Railroad Company), known as the Lower Meekerville road crossing, in the town of Forestport, Oneida county, should be so altered in location that it should not cross the railway, but should connect with the highway known as the Upper Meekerville road by the construction of a connecting piece of highway on the easterly side of the railway. The Board so determined. The necessary land for the new piece of highway has been secured, but the actual work of constructing it has not yet been begun.

8. THE NEW YORK CENTRAL AND HUDson River RAILROAD COMPANY. This was a petition for a determination by the Board that a highway crossing in the town of Glenville, county of