Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-07-29

inal construction, the structure. although
repaired and strengthened from time to
time. gradually weakened under the
weight and vibration of the cars, until
on the 2Sth day sof July, 1911, its further
use was prohibited to the railroad COM
pany by order of the railroad commits
sioners This suspension of the use of
the bridge resulted in operating the road
by running the cars from each end of the
bridge, the passengers, whatever the
weather conditions, being obliged to walk
the bridge in order to take the car ana
pursue their journey in either direction.
This condition of Inconvenience to the
company and annoyance to the public
has continued to the present time.
on the end day of July, 1911, the rail-
road commissioners, suo motto, gave no.
tice of a hearing to be held, on July =,
1911, at which they would determine the
repairs, renewals for strengthening OF
parts, or if necessary, the manner of re-
building said bridge. required to make
the same safe for the uses TO which it
is put. And said railroad commission
ers will then and there further deter
mine by whom the expenses OF such re-
pairs. renewals, strengthening or re-
building of said bridge shall be borne,
or viii apporton the same III such man
ner, as shall be deemed by said board
just and fair Upon THIS notice the COM
missioners met and adjourned the hear
ing thereon. to Aug. 3, and again from
Aug to Oct. Is. 1911, when all parties
in interest Were fully heard and the va
rious matters involved in the notice were
adiudieated as follows. 1T is therefore
hereby determined, ordered and decreed
that said wooden bridge shall be rebuilt
by constructing in place thereof steel
hlige resting upon granite or concrete
piers and abutments, which shall be SUIT,
able and safe for both highway and
said new bridge shah be built by said
Bangor Railway and Electric co. upon
plans to be submitted to and approved
by the Board of Railroad Commissioners,
and all work thereon shall be done un-
der the direction of said board and To
its satisfaction.
The expense of rebuilding said bridge
is hereby apportoned between said Ban
gor Railway and Electric Co and said
town Of Orono in the manner folloWlnS;
Upon the completion of said new bridge
by said Bangor Railway and Electric
Co, and its approval by the Board
Railroad Commissioners, the town of
Orono shall pay said Bangor Railway
proportion of said expenses, 40 per cent
of the same; but said town of Orono's
proportion of said expenses so To be paid
said Bangor Railway and ELECTRIC GO.
shall in no event exceed the sum OF W.
000
And It is hereby further deereed that
after the completion of said new bridge,
the Bangor Railway and Electric Co
shall thereafter maintain the planking
between its rails. and the town OF orono
shall. maintain all planki& for the road
way; and all other expenses OF repairs
and maintenance of said bridge shall be
borne equally by said railway and said
town.
From this adjudication the railroad
company seasonable appealed to the next
succeeding term of the supreme judicial
court to be held in Penobseot county
and within the proper time filed In the
office of the Board OF Railroad ommis-
sioners its reasons of appeal in substance
as follows:
/. That the bridge described in the de-
cree is a highway bridge which the town
was bound to maintain and keep in re-
pair, and that the railroad company ami
that the commissioners had no authority
in law to order the company TO build
new structure or bridge.
Q The second reason in its effect upon
the decision of the case is precisely like
the first.