The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-02-28

further contended by that even though the
building Of street railroad street is not additional erviudc,
entitled compensation for the future maintenance OF the phys
zeal crossing asked for in this complaint
1t Is mol the duty OF tile Commission 10 determine whether or not
the defendant is entitled compensation for additional servud
for the future maintenance Of the crossing and its jurisdiction only
goes the extent Of determining the character and kind Of crossing
which should be made the point Of intersection Of these two rail-
roads and prescribe the plans and specifications necessary o
insure the safety and convenience OF the general public
We do how all the elements damage contened for by
defendant could be asceraned in prior tie order OF the
Commission prescribing The character and kind Of crossing
some the location Of such crossing whether The should
be underground or overhead
The constitution confers exclusive jurisdiction upon the Commits
sion subject ppea determine these questions and when
plans appliances and methods for crossings adopted by the Com
mission then becomes the duty of the company desiring
make the payment OF proper compensation il any be authorized b.
law before commencing work thereon
IN this the complainant desires construct street railway
across defendants railroad track and switch tracks
Third Street of Partesvie The street is comparatively
level and the most feasible OF operating this crossing consistent
with the rights OF the defendant would be grade crossing and
would therefore be necessary for the proper construction and opera
lion OF these tracks that the main line and the switch tracks of the
defendant should be on comparatively the same grade and that the
crossing should consist of standard crossing approved and
used By the majority Of railroads in the United States
The conn' on does not deem It proper at this time require
other safety devices but reserves the right 10 ore
mterockng ohe safety devices wivut further notice
IS therefore ordered BY the Commission that the defendant
permit the complainant TO construct railway crossing
Third Street in the Of Baresyc where street railway
ncrsects with The defendants line Of road by the of standard
raield crossing frog at the intersection Of each track
electrical appliances for the operation Of the shall con
sucted usually required for crossing of this kind which shall be
subject to further necessary regulation by the Commission The
defendant shall place its switch tracks grade with its main track
at the point of intersection
This order shall be effective the oh day November 1905
IS above indicated
Guthrie Oklahoma Nov 49, 1908
Defendant made motion for trial motion was over
ruled and the defendant granted until December IS 1908 pre-
pare and serve case-made
The time for completion and filing OF the first
lay Of March, 1900 extended March 1900 and the appeal was
lied in the Supreme Court.
July I3, 1900 the Supreme Court rendered its opinion follows
IN THE SUPREME COURT OF THE STATE OF OKLAHOMA.
Opinion Filed Sept. 1908
NCIIISON TOPEKA SANTA FE RAILWAY co,
CORPORATION COMMISSION, EFT AL,
No 3o3.