The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-10-28

for several years, and said companies
were required several months ago TO
put n night Waterman there also. But
Notwithstanding this. the dangerous
character OF the crossing has not been
eliminated.
Il appears from the record that The
comm ;ssion made n personal inspection
OF this crossing. and this was done In
the presence of the representatives of
the two defendant companies
Opinion OF Commission.
From the record in this case and ali
the evidence before the commission we
are clcarly OF the opinion that said
grade c-ossing should be eliminated,
and that rs early as practicable, there
should be substituted therefor m un-
Degrade crossing such as is shown on
the blueprint fled in the record marx
ed mo. 1904 Washington. Southern
Railway Proposed Undergrade Bridge
at Telegraph Road Crossing, Fairfax
County. Va" with the following nd
ditions recommended by burton Maryc
civil engineer, in his report cf date
June -. 1872. addressed TO Il member
OF this commission. as follows 10 wit.
first-That wire screen covering
be placed on top of The ties. c,tcn,.ing
from inside 10 inside OF guard rail COR
abou: nine feet in width on each track
Tor It's entire length) to prevent
clinkers, etc. from the ash pans OF en-
gines and leakage from defective cars
failing into the undernass and pro-
vide open skylGhts between the tracks
for light and ventilation.
Secon'i-That the roadway or under
pass be paved for its entire length be-
tween the concrete walls with some
good material. and that four catch
basins properly protected by removable
iron gratings should he constructed
one on each side Of the north or west
entrance. and one on each side of the
south or east entrance, just at the end
or tic nbutmcnts. connecting same
with the thirty.nc ircn drain nine
leading from the underpass and empty
inr into the overflow race. situated
| about 500 feet south Of the TRACES AZ
shown on the blueprint
May Defend Rights Elsewhere.
The defendant companies contend in
their answers that under Clause - or
Shapter oil an act approved January
IS, 1903. that the County Of Fairfax
should be required to pay one half the
expense OF constructing an underpas :
al said crossing. Whatever rights the
defendant companies may have against
the County of Fairfax for any mart Of
the cost OF making this Improvement
cannot be asserted before this tribunal
Tor. as stated heretofore. this commits
sion has no Jurisdiction over the au
thorities OF Fairfax County
In Clause 3S of said Chapter Of .he
Act Concerning Service Corporations
the policy of this State is declared TO
be against grade crossings OF railroads
and county highways. and certainly in
case like this where the evidence
In the judgment of the commission
shows conclusively the dangerous char
acter OF the crossing In question and
the commission having ample power
under the Constitution and laws or
| this State to remedy this condition. Il
| is its duty to do so. and leave tho dc
| PENDANTS TO assert whatever claims
! they have a right to assert against
the County OF Fairfax in the propcr
courts Of the Commonwealth An order
| will. therefore. he entered directing
and requiring the defendant companies
to proceed forthwith to construct an
undcrgrade crossing, in accordance
with this opinion. where their line
crosses the Telegraph Road as aforc-
said.
All other questions are reserved
Commissioners Prcntis and Wing
field concur.