Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-09-18
IT,, A. & WINE. CENT.
CROSSING, GARDINER

The Public Utilities Commission Mon
nal disposition of the case be deferred
pending a reasonable opportunity for the
petitioner to prosecute the application for
approval of the proposed location in the
matter of the petition of the Lewiston,
Augusta & Waterville Street Railway for
a determination of the manner and con-
ditions of crossing the tracks of the
Maine Central Railroad Company at Gar
diner.
The decision is as follows:
This is a matter in which the Lewis
ton, Augusta & Waterville Street Railway
petitioned this commission to determine
the m amer and conditions of its crossing
underneath the tracks of the Maine Cen
! trail Railroad Company at Gardiner. The
' tracks of the street railway company run
along the highway beside the location Of
! the steam railroad. The street railway
owns a parcel of land beyond the tracks
of the steam railroad and to reach that
parcel of land the cars would have to
pass under the tracks of the steam rail-
railroad at this particular point was OBJ
tanned a great many years ago by a grant
from one Robert H. Gardiner who reserve
ed in such grant the right to pass under
the steam railroad from the highway to
the parcel of land now owned by the
street railway and the latter having ac-
CURED all the rights of Mr.. Gardiner in
sists that it has the same right to pass
under the steam railroad to this parcel of
land that Mr.. Gardiner reserved to him
self and later transmitted by deed to the
street railway.
This right is not disputed by the
Maine Central Railroad Company but the
question is raised whether or not the
street railway company has. under the
provisions of our statutes. any right to
, extend its tracks under the railroad until
Il has obtained legal and proper location
In accordance with the provisions Of va
rious sections Of Chapter IS Of the Re
vised Statutes. In other words it is sug-
sested that this use by the street rail-
way of its property by means of tracks
extended from it's present tracks to the
property to be used. constitutes an ex-
tension of the street railway and that
this commission has no right to consider
and determine the manner and conditions
Of crossing until the street railway has
obtained a legal location of it's tracks I'M
der the steam railroad to any upon the
land above indicated.
Upon the other hand. the street rail-
way claims that it has right to extend
tracks to and upon its own property for
oh toi two
under the statutes any, location Of such
tracks the idea of the(street railway be-
ing that inasmuch as these tracks when
built and used are to he used for landing
cars loaded or unloaded in this place
which is to be used as a freight yard and
hauling therefrom cars loaded or unload
ed for transmission to other points upon
its line. it will he using this property as
freight yard. But the evidence is that
at this point loaded cars may be landed
for transmission by water to points with
in or without the State and commodities
may he brought by water to this point TO
be loaded in cars and thence transmitted
VIA the street railway to points within
the State. And it seems to US that all
the existent facts make It necessary that
the street railway comply with the pro-
visions of the statute with reference to
an extension and that we have no au-
thority to determine the manner and con-
ditions of crossing the steam railroad for
the reason that the street railway has no
legal location and no right at present to
cross the steam railroad
I'VE regret the necessity Of coming to
this conclusion because it involves a fur
Their delay to the street railway In using
its property in A manner in which the
steam railroad does not seriously object.
The objection Of the steam railroad Is
particularly directed toward the plan by
virtue Of which the street railway pro-
poses to cross under its tracks. The Maine
Central Railroad Company states through
It's chief engineer that the change made
necessary by the proposed crossing has
not been worked out by the street rail-
way engineers in manner which will
properly safeguard the bridge construc-
ton on the part OF the steam railroad
made necessary, and that the loads to be
carried on the steam railroad cannot
safely ee transported over SO long