The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-06-11
CROSSINGS CANCELLED At
NORTH BENNINGTON
First Grade Crossings Abol-
ished in This County.
CASE UNDER NEW STATE LAW
Order OF the Vermont Railroad Com.
missIohers After the Recent
Hearing.

~ Nhah' htatA VI
sloners In the matter OF the petition
OF the Rutland Railroad company IN
the town OF SALISBURY on which hear.
INK was held at Hotel White, North
Bennington, on April 20. 1907. with
Commissioners Redmond. Porter. and
Jackson and X. w. Spear. clerk. pres.
ent, has reported as follows:
Appearances: II. II. Powers. for
the Rutland Railroad company; w. J.
Mcagher. states attorney for the coun-
" OF Bennington. for the state: Eu.
gene Lyons. George NJ. Montgomery
and Fred Harrington. selectmen OF
SALISBURY.
All land owners named In the pet.
ition were notified by registered mail
OF the time and place OF hearing on the
petition. which notices were mailed
April .. 1907. The following named
landowners appeared at the hearing
either In person or by representatives:
ID. Mccarthy. T. McGuinness, John
Fitzsimmons. y. J. Mcclure. executor
Of Anna McGuirc's estate. Edward
Smith. Frederick s. Smith. Horace
Harris. J. Oscar Bangs. II. s. Durham.
| Timothy Mccarthy: Miss Clara u.
Emmerton. land owner not named In
/ petition. but who claimed 10 be- inter.
csted In the subject matter thereof.
was represented By w. q. Shaw
This was petition by the Rutland
Company praying that the two rail.
oadhlghway crossings nj grade or
the petitioners road In the town OF
SALISBURY. near the Village Of North
bennington. and known respectively.
as the "Surdam Crossing" and the
Lamb Crossing" be estimated by the
construction OF connecting sections Of
public highways ON the east and west
sides OF the petitioners road In the
vicinity OF said crossings.
After due notice. n full hearing on
said petition was had NJ North Ben.
nington on April %. 1907. and the com.
mission reports:
From the evidence. we find that the
situation Of said crossings. and the
amount and nature OF the travel over
them. Is such that they are together
among the most dangerous grade eros.
sings on the petitioners road: that
both can BE- eliminated az a moderate
expense by the construction OF two
connecting sections Of the public high.
way specified In the following order.
and that the public safety requires
that they be- eliminated.
The commissioners thercupon ~.
sued the following order:
The Rutland Railroad Company. a
corporation organized and existing
under the laws OF the State Of Yer.
mont Il hereby ordered TO lay
out and construct In the town Of
SALISBURY. IN the County Of BcnnIng
non. the two sections OF connecting
public highways which are described
NJ follows:-
First; A public highway three rods
vide. the south line OF which shall be
the north line Of the right OF way OF
the Rutland Railroad Company. and
which shall connect with the present
public highway on the land OF II
Harris. just west OF the railroad high.
way crossing AZ grade there located.
and thence shall extend west. across
the land Of J. Oscar Bangs. II. 4. Dun.
ham, aud Timothy Mccarthy, tlll Il
connects with the present public high.
way on the west side OF the railroad
highway crossing at grade known as
the Lamb Crossing"
Second: A public highway three
rods wide. the north line OF which
shall be the south line OF the right OF
way Of said Rutland Railroad Com.
pany. aud which shall connect with
the present public highway on the
east side Of said Lamb Crossing. |"
and thence shall extend west across
the land Of the estate Of Anna Mcguire
John fiizaimmons aud Daniel Nc.
Cartny. till Il connects with the pres
cnt public highway known M Hough.
ton street
The location OF said two highways
II accurately shown on n blueprint
plan filed with this board by said Rut'
land railroad company. marked NO. 2.
, X. W. s. and which IN made a part
hereof
Said highways shall be- constructed
IN n substantial manner aud to the ap.
prevail Of this board and shall be- com.
plctcd and open for public travel on or
before November !. 1907.
II ~ ordered that when said two
D highways are completed and ready Tor
travel. said two railroad. highway
crossings nj tho grade. respectively
, known az the "Surdam Crossing" aud
the lamb Crossing" BE- forever there
after Discontinued. and said Rutland
Railroad company II hereby ordered
Ia keep the same forever thereafter
; fenced against public travel.
All the expense properly incurred
Z In the laying out and construction oI
said two highways. including any pay
monts for land damages shall be- paid
by said Rutland Railroad company. the
, state OF Vermont and said town OF
salisbury In tho following proper
tons: Rutland Railroad company. 81
per cent. state OF Vermont. % Der
cent: town OF SALISBURY. 10 per cent.
Within two weeks after II shall have
completed said two highways said Rut
, land Railroad company IL hereby or
dcrcd 10 iilo with this board an item
lied statement OF all expense thereby
, Incurred. including all sums paid AZ
/ land damages.
Done at Montpelier. this seventh
day of May. 1907.
John w. Redmond.
ELI II. Porter.
, y. HOLSTER Jackson.
Board Of Railroad Commissioners oil
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