The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1912-10-19


Undeniably the Main Street or
more SO when used by the Traction
have occurred there and others have
mind, and in order that the relative /
protected, the Railroad Company offe
lowing contract prior to any litigation
Whereas. the said party of the Sec
ond part desires to. lay its street rail-
way track along Main Street in the
City of Hattiesburg. Mississippi, across
the track. of, said party of the first
part at or near it's intersection with
the center of said street; and
F. whereas, the party, of the first part
is willing that such street railway
track be laid and maintained across
said track, upon the terms and condi-
lions herein named;
Therefore, it is mutually agreed by
and between the said parties hereto
as follows
First: The party of the first part
agrees that the party of the second part
may lay and maintain said crossing at
said point and use the same for its
purposes, upon the terms and condi-
tons herein named.
Second: The said party of the sec.
ond part shall furnish, at its own ex-
pense, all necessary labor and mate
rial, including crossing frogs and 9TH
er fixtures, and lay and maintain said
crossing without cost or expense to
the party of the first part.
Third: The material and fixtures
used in the construction of said cross
ing shall be satisfactory to, and the
work of laying and installing same
done under the direction and subject
to the approval of the said party of
the first part or its authorized agent.
Fourth: The said party of the Sec
ond part shall construct and main
tain said crossing, so as to conform
its track and crossing to the grade
now established, or which may here
after be established, by the party of
the first part at the point of said
crossing.
Fifth: The trolley and feed wires
OF the said party of the second part
shall be placed and maintained not
less than twenty-five feet over and
above the track of the said party of
the first part, at such crossing.
Sixth; In case the party of the
first part shall be required by the City
Of Hattiesburg to provide a street
light at said Main Street crossing.
party of the second part agrees to
pay one-half of the expense of erect
ng and maintaining the same.
Seventh: In case the party of the
irst part be required by the City of
to furnish crossing watch
nan at said Main Street crossing, the
'arty of the second part agrees to pay
'ne-half of the expense of such main
enance.
Eighth In the passage of the re-
pectiye cars or trains of the parties
ereto, over the aforesaid crossing, if
9th shall arrive at said crossing
simultaneously the trains and cars
the party of the first part shall
ave preference in passing over said
rossing. The cars or trains of the
arty of the second part shall be re-
uired to come to a full stop before
rossing over said crossing, and one
its employees shall flag the same
cross.
Ninth: The party of the second
art shall, in the construction of said
'ossing and in the maintenance and
'e of same, take and use reasonable
'ecaution and proper means to pre-
mt danger or damage to the party
the first part, its property and it's
nployees.
Tenth; No provision of this con-
act shall be so construed as to re-
use the party of the second part
I'm liability or damage for injury to
rson or property, resulting from its
sligence or that of its employees, on
about said crossing.
Admitting the legal ripht of tba srrra,