Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1888-06-22
THE RAILROAD COMMISSION.
Report on the Complaint against the
Montpelier and Wells River Road for
Obstructing the Highway,

Obstructipg the Highway.
The board of railroad commissioners in
the complaint of Rev A. N. Woodruff, VS.
the Montpelier and Wells River railroad
company, for the obstruction of highway
crossing, found as follows in the hearing
at Groton, June .
The complaint sets forth that the travel
ing public has been, and is impeded and
hindered by freight trains being left
standing upon the highway crossing in
Grcton village near the depot in viola
ton of the law and to the annoyance of
the public.
A copy of the complaint was duly re.
ferred by the board to the railroad officials,
in April last, and answer was made de-
nyng the allegations of the complaint.
Upon the complaint and answer, the
case was investigated by the board, with
due notice to the corporation, at Groton,
| the 9Th instant.
The highway, crossing the railroad at
this point leads from Groton village to
| Topsham and is much travelled road
| 1t crosses the railroad close by the depot
at Groton, the crossing being planked
! quite down to the steps on the westerly
end of the depot.
The passenger and freight depots are
under the same root, the easterly end be-
ing for freight and the westerly end tor
passenger traffic.
Ordinarily there is but one freight
train from Wells River to Montpelier each
| Cay over this road, and one from Mont.
pelier to Wells River.
The complaint relates to Instructions by
freight trains only. These trains are gen
orally short, consisting of from three or
four to dozen cars per train.
1t appeared at the hearing that it has
been a frequent custom for the trains
| lllU y nj yin frQi n hf af =
| to stand at the station until the freight is
| unloaded or loaded, sometimes standing
and reaching upon and beyond the high
, way crossing, and sometimes with the en-
! CINE standing near but not on it that the
! freight traffic for this purpose is light,
and usually occupies but a few minute s
OF time in handling; that if there is to be
| very long delay, the train is sometimes
cut and the crossing cleared; that some
times man is sent to see if travellers are
waiting to cross, and, if so, the train is
opened for them to pass.
The road from Topsham across this
point to Groton village comes down on the
side opposite the depot, and travel from
that direction cannot readily be seen FROM
the side where the trainmen would be
handling freight. This would render it
more necessary to adhere to the law and
open the way at all times while the trai u
is at rest.
1t appeared in evidence that some of tbs
witnesses supposed the obstruction of the
highway to be matter of right for the
time reasonably required for loading and
unloading freight at the freight house
Others understood that the railroad com
pauy had the right to cover the crossing
for definite period of time,-four or five
minutes and some set it at reasonable
time for doing the business there.
The Board finds that Sec. 1892 of Chap.
l51 of the Revised Laws as amended by
a a =
Is as follows A conductor or engineer
of II freight train, who allows said train to
come to stop, and by so doing obstructs
a public highway, or a farm crossing,
when required for farm use, and refuses
or neglects Immediately upon the stop
page of such train to open a sufficient
passage for carriages and loaded teams by
dlscOnuectlon OF cars, removal or train or
otherwise, unless prevented by breakage
of engine or other accident, shall forfeit
not less than SO nor more than $50, to be
recovered, with costs, In an action found
ed on this statute, brought by any per son
before a justice; and the fine SO collected
shall be paid into the treasury of the town
in which the offence Is committed, for the
support of the poor" has been violated at
this crossing from time to time and fire.
quently for several Years past, and that its
violations have caused detention. incon
venience and annoyance to the public trav-
ellers whose right 1t was to go unhindered
on their way.
1t did not appear that these infractions
of the law by the servants OF the railroad
company had been brought to the atten-
ton of the officials of the corporation un-
til the pre- sent complaint was preferred.
An early inquiry into the merits of this
complaint on the part of the company
among the people Of the vicinity, with a
view to discover and correct any breach OF
duty of IFS servants, would have developed
and, perhaps. corrected the matters com
planned of without the need of public
hearing by this board.
1t appears from the records and CORE
spondence IN this case between the COM
planant ana the corporation, through the
board and direct, that the officers of the
railroad company have had notice of the
charge that their servants were violating
the laws of the State in the premises
BY the Board,
ALFRED E. WATSON, Clerk.