The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-31
CAN'T COMPEL
FLAGMEN AT
CROSSINGS
Ordinance Not Of
Necessity a Law, Says
Mt. Parker.

James Owen, former county engineer,
was called as an expert witness by Com
gresham r. Wayne Parker, counsel for
the Greenwood Lake Railroad, today, be-
fore Vice-C Chancellor Stevens, when the
taking of testimony was resumed in the
suit brought by the city against that rail-
road for the abolition Of the Summer ave-
nue. grade crossing.
Mr.. Owens testimony was directed at
first toward giving his opinion as to the
practical conditions existing at the Sum-
mer avenue crossing and its environment.
The witness said the crossing was Of a
class properly described as little used, and
he estimated the use thereof by vehicles
as about ten an hour, giving them at least
intervals of a mile apart IL considered as
moving in a straight line.
In the matter Of grades the court mani
tested considerable interest In Engineer
Owens views and asked what he consld-
cred n maximum for city grading for heavy
teams.
Il have fixed a standard of 4 per cent.
for heavy teams replied the witness.
Joseph coult objected that the witness
could not fix an arbitrary grade. as 1t Is
impossible TO formulate the grade Of a
street as though a city was an ideal city
with nothing abnormal In Its physical con-
formation.
Il think the witness has given me Just
the answer I desired to have on record"
remarked the court.
The witness supplemented his answer by
aging that his standard is 4 per cent. as
a maximum for heavy teams under or
binary conditions, that on special occasions
under most favorable conditions he &C
cepted 8 per cent. grades but higher
than that he condemned.
Tf.a los nm, - fAfd faefisanAnx h0naQna
apparent when the witness was asked what
the grade would be II the plan to lower
the grade of Summer avenue north Of
Verona avenue were adopted.
! 1T would make a grade Of SIS per cent,
and in my opinion will be too great for
the heavy traffic centering at the cross
ing" replied the witness.
Asked what he considered the chief de-
velopment of railroad improvement at the
crossing, the witness answered that the
factory switches and sidings undoubtedly
were the most important, as without them
the factories would not have been built.
The witness gave as his estimate of the
property damages that would be occasioned
by the regarding of Summer avenue as
from $4,000 to $4,000, according as one or
another of the proposed plans be adopted.
He said he deemed the grade beginning
north of Verona avenue inadvisable for
the reasons formerly given.
While the witness was under cross
examination by Mr.. Coult, counsel en-
gagged In quite a heated debate on the au-
thorlty of the city to require railroads to
have fagmen at grade crossings.
I'VE deny the right OF the city to re-
auire the railroads to keep iagmen at
crossings said Cortlandt Parker The
adoption by a city Of an ordinance does
not create n law. Such an ordinance may
be an unreasonable requirement"
The court ruled that the discussion was
not relevant to the issues in the present
suit. and confined the testimony which
was then being taken to the actual meas
urements and facts Of the tower station,
from which both Summer avenue and Mt.
Prospect avenue are operated.
The court overruled testimony respecting
the necessity for changing the grade az Nt
| Prospect avenue. on the ground thai tha
bill only asked for relief a~sSfVNsaknS6t,
avenue.