established to the satisfaction of the Board, although the original incorporators might at one time have intended to use it. for traveling the year through, and certain residents along the line thereof may have deeded property at that time with this as a condition.

In the opinion of the Board, therefore, the question for it now to determine is, whether the merits of the case justify it in permitting the Long Island road to cease the operation of the Bay Ridge branch during this winter.

A considerable business has sprung up at Coney Island, and at intermediate points, sufficient to justify all the other roads running from that place to Brooklyn and New York to continue in operation, with a reduced number of trains, throughout the winter. At least the Board presumes that no cessation will take place as no application has been received by it from any other of the Coney Island roads, and from statements made at the hearing.

It was clearly established by the testimony of witnesses that a considerable number of people in the neighborhood of Parkville would be greatly accommodated by the running of the Bay Ridge branch. On the other hand, it is doubtless true that the running of trains would not pay the Long Island Railroad Company during this coming winter. They already run but a single train each way, the Board understands. Should the Board decline to grant the application to cease operations, the road would undoubtedly continue to run only a sufficient number of trains to maintain its charter. A recommendation of the Board, therefore, without the hearty coöperation of the railroad would be of little or no service to the remonstrants. Had the Board the power to enforce its decisions and compel the railroad company to adopt a time-table that would be satisfactory to the residents along the line of the road, it might be disposed to make such recommendation and try the experiment, even though it were satisfied that such trains would be unprofitable for the first winter.

In view of the fact, however, that the residents along the line would receive but little accommodation from a perfunctory running of trains for this winter, and of the further fact that the Long Island Company has no control over the ferry from Bay Ridge to New York, the Board deems that it would be the wiser course to grant the application for this winter, with the understanding that another season it will not grant the application to cease operations, but will expect the Long Island road to continue the operation of its Bay Ridge branch, and in good faith establish a schedule of trains that will accommodate the people, giving ample notice of the same through the summer, so that residents may make their arrangements for the winter understandingly, and property owners and purchasers of lots may build and improve their property with the expectation that they will be given a regular train service.

The application of the Long Island Railroad Company to cease the operation of the Bay Ridge branch of the New York, Brooklyn and Manhattan Beach railway during the coming winter, and until the 15th of April, 1889, in accordance with chapter 605 of the Laws of 1886, upon compliance with section 3 of said statute with regard to posting a notice of this order, and of the intention of said road to suspend operation, is hereby granted.

IV.

IN THE MATTER OF THE APPLICATION OF THE KAATERSKILL RAILROAD COMPANY

FOR PERMISSION TO CEASE OPERATION DURING THE WINTER MONTHS.

October 22, 1888.

Application from this company for permission to cease operations of this road from the 1st of October, 1888, to the 1st of June, 1889, was lodged with the Board, dated the 19th day of October, 1888.

This railroad is a narrow-gauge road in the county of Greene, running from a junction with the Stony Clove and Catskill Mountain railroad to Kaaterskill station, a distance of 7.40 miles. The operation during the winter months has always been suspended heretofore, and no complaint has reached the Board. It was constructed, and is used, principally for summer travel, and the Board deems that the application can be granted without detriment to public interests. It is to be noted, however, that the law restricts the suspension of operation to seven months of the year. The Board, therefore, dates its permission to take place from the first of November.

Permission, therefore, is granted to the Kaaterskill Railroad Company to suspend the operation of its road from the 1st of November, 1888, to the 1st of June, 1889, upon complying with the provisions of section 3 of chapter 605 of the Laws of 1886, in regard to posting notices of suspension.

V. .

IN THE MATTER OF THE APPLICATION OF THE ROCHESTER AND LAKE ONTARIO RAILROAD COMPANY FOR PERMISSION TO SUSPEND THE OPERATION OF ITS ROAD DURING THE WINTER SEASON OF 1888-89.

October 22, 1888.

An application from this company for permission to suspend operations, dated October the 19th, 1888, was filed with the Board.

The road is but six miles long and runs from Rochester to Lake Beach, Irondequoit Bay, and appears to have been constructed and used principally for summer travel. The road has been in the habit of suspending winter operations heretofore, and no complaint has been lodged with the Board. The Board, therefore, deems that the application can be granted without detriment to the public interests.

Permission is hereby given to the Rochester and Lake Ontario Railroad Company to suspend the operation of its road from the 1st of November, 1888, to the 1st of May, 1889, upon complying with the provisions of section 3 of chapter 605 of the Laws of 1886, with regard to posting notices of such suspension.

VI.

IN THE MATTER OF THE APPLICATION OF THE SEA VIEW RAILROAD COMPANY FOR PERMISSION TO SUSPEND OPERATIONS FROM THE FIFTEENTH DAY OF OCTOBER TO THE FIFTEENTH DAY OF MAY, IN EACH YEAR UNTIL OTHERWISE ORDERED BY THIS BOARD.

October 30, 1888.

This railroad is an elevated structure one mile in length, extending from Brighton Beach to West Brighton, Coney Island. It was erected exclusively for summer travel and could not be operated in the winter. Permission to suspend as requested is hereby granted upon the railroad's complying with the provisions of the law.

VII.

IN THE MATTER OF THE APPLICATION OF THE CATSKILL MOUNTAIN RAILWAY
COMPANY AND OF THE CAIRO RAILROAD, FOR PERMISSION
OPERATIONS DURING THE WINTER SEASON OF 1888-89.

October 30, 1888.

ΤΟ

SUSPEND

This application, dated October the 29th, 1888, requests permission for this company to suspend the operation of the Catskill Mountain. railway and Cairo railroad, between Catskill and Cairo, from Monday, December 10, 1888, to May 10, 1889, and also of that portion of the Catskill Mountain railway, from its junction with the Cairo railroad to Palenville, until June 15, 1889.

These railroads having been built exclusively for summer travel, the Board deems that the application can be granted without detriment to public interests, and such application is hereby granted upon the companies conforming to section 3 of chapter 605 of the Laws of 1886, with regard to posting notices of the application and order.

VIII.

IN THE MATTER OF THE APPLICATION OF THE ROCKAWAY VILLAGE RAILROAD COMPANY FOR LEAVE TO SUSPEND THE OPERATION OF ITS ROAD NOVEMBER, 1889, TO MAY, 1890.

September 24, 1889.

FROM

Application having been made by the Rockaway Village Railroad Company for leave to suspend the operation of its road from November, 1889, until May, 1890, and it appearing by papers on file with the Board that public interests would not be prejudiced by such suspension of operation, it is hereby

Ordered, That the Rockaway Village Railroad Company shall be relieved of the duty of operating its road from the 1st of November, 1889, to the 15th day of May, 1890, in accordance with chapter 605 of the Laws of 1886, upon compliance with section 3 of said statute with regard to posting a copy of such order and of the intention of said road to suspend operation.

ACCIDENTS.

I.

IN THE MATTER OF AN ACCIDENT ON THE ROME, WATERTOWN AND OGDENSBURGH RAILROAD, NEAR HANNIBAL, OSWEGO COUNTY, OCTOBER 5, 1888, RESULTING IN THE DEATH OF MARTIN D. SLATTERY, ENGINEER.

November 12, 1888.

The facts and circumstances attending this accident, as brought out by evidence before a coroner's jury, were as follows:

It appears that Conductor Moss and Engineer Slattery were detailed to run a special train, consisting of one car and engine, from Oswego to Suspension Bridge, October fifth, subject to the following telegraph order:

"Run special to S. B., ahead of second-class trains when overtaken, and ahead of 104, run to Hannibal regardless of 161.

"32 O. K. 7.20 A. M.

"F. J. B."

The original of this order was produced and sworn to by the operator as the one presented to Conductor Moss and Engineer Slattery, and by them signed about 7.25 A. M., October fifth. On reaching a point about three miles west of Furniss, this special train came in collision with passenger train No. 107, resulting in the death of Engineer Slattery, and serious injury to Conductor Moss. The engines of both trains were badly damaged, but no other persons were injured.

Train 104 is a regular passenger train, leaving Oswego 7.45 a. M., arriving at Suspension Bridge at 10.25 A. M. Train 161 is a through freight train, leaving Suspension Bridge 3 A. M., arriving at Oswego 9.10 A. M. Train 107 was a regular Lehigh Valley passenger train, using the tracks of the Rome, Watertown and Ogdensburgh from Sterling to Oswego, a distance of sixteen miles, and classed, as above, on general time car No. 31.

Conductor Moss says "Left Oswego with special, Slattery engineer, at 7.27 A. M. After receiving order, looked at it and said 'We can make Furniss for 107, we have plenty of time,' coupled on car and started. We were detained on crossing by cattle, and when I looked out found that we had passed Furniss; then made an effort to pull the cord. Slattery had same orders I had, saw him sign order; both of us signed the same time. I understood it was the duty to stop at Furniss for Lehigh Valley train; also our duty to keep out of way of all regular trains without further notice or orders."

J. F. Riley, fireman, swears "they left Oswego at 7.25 A. M.; did not hear engineer say anything about orders; first saw Lehigh Valley train about 400 feet ahead; it was fifteen minutes late; bell-rope was

attached and ran into car; did not hear bell ring after we left Oswego; did not know whether bell was in proper order or not."

T. F. Maxey, brakeman, Rome, Watertown and Ogdensburgh, says: "Was on special train. We left Oswego about 7.35 A. M.; do not know what the orders were; did not hear engineer say anything about going on branch between Oswego and Hannibal; did not hear him say anything about Lehigh Valley train. When about half mile west of Wheeler's saw this train coming, cried out to engineer and then climbed back over tender into baggage car. Conductor was standing against door, apparently looking out of glass in upper part of door. He spoke and said 'What's the matter?' I said 'We are going into the Southern Central train.' The bell and the cord attached to it were all right, on engine; I know it was because I tried it and it worked all right; also the air-brake."

J. S. Hogan, brakeman, says: "Left Oswego about 7.30 A. M.; was in the baggage car with conductor, did not know we were approaching Lehigh Valley train until Maxey came back and told conductor. I know this train came about this time but it was not my duty to keep track of running of train. Saw the conductor go to bell-cord and attempt to ring; did not hear him say anything to engineer about taking side track at Furniss. I removed engineer's watch from his pocket after accident, it was stopped at 7.51."

Rule 141 of general rules and regulations of Rome, Watertown and Ogdensburgh, in force at the date of accident, is as follows:

"The conductor will have general charge of the train and all persons employed on it while on the road, except where his directions conflict with general regulations, or involve risk, in either of which cases the engineer and all participating will be held alike responsible."

In looking over the evidence of conductor, brakemen and fireman it will be seen that the time of starting varies from 7.27 to 7.35, but as the conductor was more particularly charged with the matter of time it will be presumed that 7.27 was the correct moment of starting.

Between Oswego and Hannibal there is but one side track and this at Furniss, five miles from Oswego.

The Lehigh Valley train was due at Hannibal station 7.34 a. M. and Furniss at 7.44 A. M. Hannibal being twelve miles from Oswego, and the schedule time of Lehigh Valley train at that place was 7.34 would show the impossibility of special train leaving Oswego at 7.27 meeting there. The proper and only place to meet was at Furniss, and even here the time was short-only seventeen minutes to run five miles and get out of way, allowing the time of conductor. (The witnesses, however, vary from two to five minutes less.)

The conclusion must be reached that the rules of the Rome, Watertown and Ogdensburgh railroad, together with telegraph order put in evidence and verified by the dispatcher, were proper ones to insure the safety of all concerned if they had been strictly adhered to. It will be observed that rule 141 of general regulations, where risk is involved, holds all participating alike responsible.

The fact that there was but one side track between Oswego and Hannibal, nearly midway, and that there was only seventeen minutes to reach this, a distance of five miles, and the fact of conductor and engineeer signing an order that gave them no rights except over