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OHIO PUBLIC UTILITIES COMMISSION

ANN ARBOR RAILROAD COMPANY

v.

MICHIGAN CENTRAL RAILROAD COMPANY, PERE MARQUETTE RAILROAD COMPANY, AND TOLEDO TERMINAL RAILROAD COMPANY

[No. 108.]

Railroads – Division of expense – Joint interlocking device.

A company constructing a new line of railroad, crossing three other railroads at grade, was ordered to pay one half of the total expense of maintaining a joint interlocking device for all, the others being required to pay but one sixth each, under a statute providing that the e xpense of maintaining an interlocking device at the crossing of a previously constructed railroad by another railroad shall be equally divided between them.

[February 4th, 1915]

Application for reconsideration of orders of Commissioner of Railroads and Telephones, with regard to distribution of expense of maintaining joint interlocking device at grade crossing; former orders revoked, new orders entered.

By the Commission: This case came on this day to be heard upon the complaint of the Ann Arbor Railroad Company, asking that the Commission reconsider the determination of the commissioner of railroads and telegraphs of the state of Ohio, as evidence by an order, made and entered on the 13th day of October, 1903, distributing one fourth to each of the companies whose tracks entered therein, the maintenance of the interlocking plant erected at the crossing of the several railroads now parties herein at the point, known as Manhattan Boulevard, Toledo, Lucas county, Ohio, where one interlocking device jointly governs and controls crossing at common grade, of the tracks of the Ann Arbor Railroad Company by the tracks of the Toledo Terminal Railroad; of the tracks of the Pere Marquette Railroad Company by the tracks of the Toledo Terminal Railroad Company, and of the tracks of the Michigan Central Railroad Company by the tracks of said the Toledo Terminal Railroad Company, and which said apportionment of such expense of maintaining said joint interlocking device was reaffirmed by the said commissioner of railroads and telegraphs of the state of Ohio, by an order, by him duly made and entered on the 6th day of January, 1905, approving a rearrangement of said interlocking plant; the answers of the defendants, the Michigan Central Railroad Company, the Toledo Terminal Railroad Company, and the Pere Marquette Railroad Company, and its receivers, Frank W. Blair, Dudley E. Waters, and S. M. Felton; the evidence and exhibits; ant the Commission, being fully advised in the premises, finds:

  1. That for the purpose of the law, the Toledo Terminal Railroad Company, constructing a new line of railroad, has established and now maintains a crossing, at common grade, with the tracks of the then-existing the Ann Arbor Railroad Company, at Manhattan boulevard, Toledo, Lucas county, Ohio.

  2. That said the Toledo Terminal Railroad Company, constructing a new line of railroad, has established and now maintains a crossing, at common grade, with the tracks of the then-existing the Pere Marquette Railroad Company, now operated by said Frank W. Blair, Dudley E. Waters, and S. M. Felton, as receivers, at said Manhattan boulevard, Toledo, Lucas county, Ohio.

  3. That said the Toledo Terminal Railroad Company, constructing a new line of railroad, has established and now maintains a crossing, at common grade, with the tracks of the then existing the Michigan Central Railroad Company at said Manhattan boulevard, Toledo, Lucas county, Ohio.

  4. That 598 of the General Code specifically provides that the expense of maintaining an interlocking device constructed at the crossing of a previously constructed railroad by another railroad shall be divided equally between such railroads so crossing.

  5. That the action of said the Toledo Terminal Railroad Company, the Ann Arbor Railroad Company, the Pere Marquette Railroad Company, and the Michigan Central Railroad Company in constructing, and, for convenience, maintaining and operating, one tower controlling jointly the interlocking devices provided for the protection of the said three grade crossings aforesaid, in nowise alters the relation of said the Toledo Terminal Railroad Company as the constructor and maintainer of said three separate grade crossings as set forth in said findings numbered No. 1, No. 2, and No. 3, hereinabove set out. It is therefore

Ordered, that the expense of maintaining the interlocking device constructed and maintained at the crossing, at common grade, of the tracks of the Toledo Terminal Railroad Company with the tracks of the Ann Arbor Railroad Company at Manhattan boulevard, Toledo, Lucas county, Ohio, shall be borne equally between said the Toledo Terminal Railroad Company and said the Ann Arbor Railroad Company. It is further

Ordered, that the expense of maintaining the interlocking device constructed and maintained at he crossing, at common grade, of the tracks of the Toledo Terminal Railroad Company with the tracks of the Pere Marquette Railroad Company at Manhattan boulevard, Toledo, Lucas county, Ohio, shall be borne equally between said the Toledo Terminal Railroad Company and said the Pere Marquette Railroad Company. It is further

Ordered, that the expense of maintaining the interlocking device constructed and maintained at the crossing, at common grade of the tracks of the Toledo Terminal Railroad Company with the tracks of the Michigan Central Railroad Company at Manhattan boulevard, Toledo, Lucas county, Ohio, shall be borne equally between said the Toledo Terminal Railroad Company and said the Michigan Central Railroad Company. It is further

Ordered, that said orders, made and entered on the 13th day of October, 1903, and the 6th day of January, 1905, respectively, by the commissioner of railroads and telegraphs of the state of Ohio, in so far as the same fix and determine the division of the expense of maintaining the interlocking device embracing the said crossing of said the Toledo Terminal Railroad Company with the tracks of said the Ann Arbor Railroad Company, with the tracks of said the Pere Marquette Railroad Company and with the tracks of said the Michigan Michigan Central Railroad Company, respectively, at Manhattan boulevard, Toledo, Lucas county, Ohio, be and the same are hereby revoked, rescinded, and held for naught. It is further

Ordered, that so long as said joint interlocking device, embracing said three crossing of said Toledo Terminal Railroad Company with the tracks of said Ann Arbor Railroad Company, said the Pere Marquette Railroad Company, and said Michigan Central Railroad Company, respectively, at said Manhattan boulevard, Toledo, Lucas county, Ohio, shall be retained, the division of the expense of maintaining said interlocking device shall be, one half (50 per centum) to said Toledo Terminal Railroad Company, one sixth (16 2/3 per centum) to said the Ann Arbor Company, one sixth (16 2/3 per centum) to said the Pere Marquette Railroad Company, and one sixth (16 2/3 per centum) to said Michigan Central Railroad Company.

The Public Utilities Commission of Ohio. O. H. Hughes, Chairman, C. C. Marshall, E. W. Doty, Commissioners.