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Mid West Refineries, Inc. Complainant, vs. The Ann Arbor Railroad Company, Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, Defendant. Informal Docket No. 511, January 18, 1937

This matter is before the Commission upon application of the above named defendant requesting that we authorize the payment of Five Dollars and Thirty-four Cents ($5.34) to the above named complainant as reparation in connection with the movement of one (1) carload of Petroleum Fuel Oil Residual and/or Distillate moving from Alma, Michigan, to Owosso, Michigan, shipments being delivered September 7, 1936

gan, to Owosso, Michigan, shipments being delivered September 7, 1936. At the time shipment moved the rate legally applicable on Petroleum Fuel Oil Residual and/or Distillate from Alma, Michigan, to Owosso, Michigan, was Eight Cents ($.08) per 100 pounds, minimum weight 53,440 pounds per car as published by the Ann Arbor Railroad Company in its tariff M.P.U.C. No. A-934, effective March 17, 1936. Contemporaneously the Pere Marquette Railway Company published a rate of Seven Cents ($.07) on the commodities here involved from Alma, Michigan, to Owosso, Michigan, effective September 2, 1936, in Supplement 7 to its tariff M.P.U.C. No. 3890. The consignor having based its sale upon the basis of the Seven Cent ($.07) rate claimed to have suffered damages in the difference between the Seven and Eight Cent rate. The defendant subsequently established a rate of Seven Cents ($.07) per 100 pounds, minimum weight 53,440 pounds per car, effective September 7, 1936, which is the basis upon which reparation is sought.

We find, after due consideration of all of the facts submitted in the pleadings and record, that the charges assessed were irregular and exorbitant to the extent that they exceed those collectible under a rate of Seven Cents ($.07) per 100 pounds upon the commodity here at issue moving from Alma, Michigan, to Owosso, Michigan; that complainant paid and bore the charges upon the shipment in question; that complainant has been damaged to the extent of the difference between the charges paid and those that would have accrued at the rate herein found reasonable; and that it is entitled to reparation in the sum of Five Dollars and Thirty-four Cents ($5.34) without interest

Now, THEREFORE, IT IS IIEREBY ORDERED, That The Ann Arbor Railroad Company, Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers, be and it is hereby authorized and directed to pay to the above named complainant, Mid West Refineries, Inc., of Alma, Michigan, on or before February 20, 1937, the sum of Five Dollars and Thirty-four Cents ($5.34), without interest, as reparation on account of the irregular and exorbitant charges collected on the above involved shipment.

MICHIGAN PUBLIC UTILITIES COMMISSION.

In the matter of the application of The Ann Arbor Railroad Company for the approval of standard right-of-way fence as shown on its Plan dated July 24th, 1933. File No. D-2998. January 18, 1937.

Application having been received from The Ann Arbor Railroad Company on January 15th, 1937, for the approval of its standard right-of way fence as shown on Plan entitled, The Ann Arbor Railroad Company Standard R. of W. Fence, dated July 24th, 1933

This Commission, after examination of said plan, is satisfied that a right-of-way fence constructed according to same would be equal in strength, closeness of construction and efficiency to prevent the passage of stock through the same, and of height equal to the standard right-of way fence now required by law;

THEREFORE, by virtue of the authority vested in this Commission by law, authority is hereby granted to The Ann Arbor Railroad Company to use on its railroad in the State of Michigan fencing according to plan entitled, The Ann Arbor Railroad Company Standard R. of W. Fence dated July 24, 1933, which plan is hereby approved, attached hereto and made a part hereof, and copy of same ordered placed on file in the office of the Michigan Public Utilities Commission as file 2998, subject to the following conditions, to-wit: That you, The Ann Arbor Railroad Company be required to comply with the law in regard to railroad fences as to setting posts and leveling inequalities of the ground under the fence, provided the posts may be set one (1) rod or sixteen and one-half (161%) feet apart from center to center, and that said fence be properly strained and the posts sufficiently braced whenever necessary to prevent the wires from becoming loose or sagging, and the fencing to be securely fastened to such posts.

MICHIGAN PUBLIC UTILITIES COMMISSION.

The Owosso Argus-Press Jan. 20, 1937

ANN ARBOR WINS $133.12 VERDICT

ANN ARBOR, Jan. 20 – (AP) – The Ann Arbor Railroad Company held a judgment of $433.12 against Casper Goldsmith, 22, of Milan today, as the sequel to a grade crossing accident. Circuit Judge George W. Sample awarded the damages yesterday, upholding the company's contention that Goldsmith was at fault when his motorcar crashed into one of its freight trains December 22, 1935, derailing a freight car.

In the matter of the application of The Ann Arbor Railroad Company for an order of this Commission to change the hours for additional protection at certain designated highway crossings of The Ann Arbor Rail road Company in Michigan heretofore ordered for limited hours of the day. File No. D-3071. April 22, 1937.

Application having been filed April 21, 1937, by The Ann Arbor Rail road Company through B. M. Bennett, its Division Engineer, requesting an order of this Commission to change the hours of protection at certain designated highway crossings intersected by The Ann Arbor Railroad Company within this State, heretofore ordered for limited hours of the day, for the reason that it is understood such orders were based on Central Standard Time, formerly the legal time within this State; there. fore, it is desired to change the hours for additional protection at said crossings to Eastern Standard Time.

This Commission, after due consideration of the matter, has determined that said application be granted ;

THEREFORE, IT IS HEREBY ORDERED, By the Michigan Public Utilities Commission that all orders heretofore issued by this Commission and its predecessors, and still in force, requiring the Ann Arbor Railroad Com pany to provide additional protection during limited hours of the day at certain designated highway crossings of its railroad in Michigan be, and the same is hereby amended to require such additional protection at said crossings under Eastern Standard Time, in lieu of Central Standard Time. The time of commencement and termination of said additional protection shall, in each instance, be one (1) hour later than provided in said orders. Except as herein amended, said orders shall, in all other respects, remain in full force and effect until the further order of this Commission.

MICHIGAN PUBLIC UTILITIES COMMISSION.

In the matter of the application of the State Highway Department for authority to cross under grade with Highway US-16 the tracks of the Ann Arbor Railroad Company situated in Section twenty-one (21) Town three (3) North, Range six (6) East, Osceola Township, Livingston County, Michigan, and for the approval of an agreement entered into on the 20th day of July, A. D. 1937 between the State Highway Department and the Ann Arbor Railroad Company for such under grade crossing. File No. 7077-711. July 22, 1937.

Application having been filed by the State Highway Department through L. W. Millard, its Bridge Engineer, for authority, in accordance with the requirements of Act 335, Public Acts of 1931, to cross under grade with Highway US-16 the tracks of the Ann Arbor Railroad Com pany situated in Section twenty-one (21), Town three (3) North, Range six (6) East, Osceola Township, Livingston County, Michigan, just east of the east limits of the City of Howell, and for the approval of an agree. ment entered into on the 20th day of July, A. D. 1937 by and between the State Highway Department, by Murray D. Van Wagoner, State High way Commissioner of the State of Michigan, and The Ann Arbor Railroad Company and Norman B. Pitcairn and Frank C. Nicodemus, Jr., Receivers of The Ann Arbor Railroad Company, by Norman B. Pitcairn, one of the Receivers, for such under grade crossing.

The Commission is advised in said application as follows:

“This agreement covers a proposed construction of a grade separa tion in Section 21, Town 3 North, Range 5 East, Osceola Township, Livingston County, just east of the east limits of the City of Howell, whereby the highway will be depressed under the railroad. The existing grade crossing is protected by side-of-the-street flashing light signals at the present time. US-16 is one of the most heavily traveled roads on the State Highway System and this is the main line of the Ann Arbor Railroad between Toledo and Frankfort. In spite of the existing protection, we have had several serious accidents within the last few years at this site.

“The parties to the agreement believe that construction of the pro posed grade separation will be in the interest of safety, welfare and convenience to the traveling public and we respectfully request that an order be issued approving this agreement and authorizing construction of a grade separation in accordance there with..

“It will be noted that as a part of this agreement and the proposed construction that it will be necessary to construct a temporary run around track for the use of the Railroad and a temporary highway detour for use by highway traffic. The general plan of site and pro posed highway grades are shown on Exhibit A which is attached to the agreement and the details of the structure are shown on Exhibit B, also attached to the agreement. The proposed structure will pro vide a forty-four foot clear roadway for highway traffic with one foot, six inch curb clearance on each side and a minimum clear under clearance of fourteen feet .

As a part of the agreement, it is proposed to move the existing flashing light signals to the site of the temporary highway detour as a protection for highway traffic during construction of the project. While it is not specifically mentioned in the agreement, the State Highway Department will be willing to pay the entire cost of twenty four hour flagmen service at both the present and detour highway crossings during the time the flashing light signals are being moved to the detour location”,

and is further advised in said agreement as follows:

“WHEREAs, the separation of railroad and highway grades by means of an underpass, as a matter of public safety and convenience, at the location noted above, has been approved by the Federal Bu reau of Public Roads as a project for construction through the use of funds provided by the United States Government for the elimina tion of hazards to life and property at railroad grade crossings, to be expended under the provisions of Sections 1, 7 and 8 of the Act of Congress approved June 16, 1936 (45 Stat. 1519), in the manner required by Section 21 of the Federal Highway Act of November 9, 1921, as amended and supplemented.”

The Commission, after due consideration of the matter, has determined that the crossing under grade with Highway US-16 under the tracks of the Ann Arbor Railroad Company at the point herein before described is in the interest of public safety, welfare and convenience, and that an order be issued, authorizing such undergrade crossing, and the approval of the agreement of July 20th, 1937;

THEREFORE, IT IS HEREBY ORDERED by the Michigan Public Utilities Commission, in accordance with the authority vested therein by Act 335 of the Public Acts of 1931, that Murray D. Van Wagoner, State Highway Commissioner for the State of Michigan be, and he is hereby authorized and empowered to cross with Highway US-16 under the tracks of the Ann Arbor Railroad Company situated in Section twenty-one (21) Town three (3) North, Range five (5) East, Osceola Township, Livingston County, Michigan; Providi Ng, such undergrade crossing be made in accordance with the terms as set forth in said agreement of July 20th, 1937, by and between the State Highway Department, Murray I). Van Wagoner, State Highway Commissioner of the State of Michigan, and The Ann Arbor Railroad Company and Norman B. Pitcairn and Frank C. Nicodemus Jr., Receivers of The Ann Arbor Railroad Company, by Norman B. Pitcairn, one of the Receivers, which agreement is hereby approved, attached hereto and made apart hereof, and copy of same ordered placed on file in the offices of the Michigan Public Utilities Commission as File No. 7077.711.

MICHIGAN PUBLIC UTILITIES COMMISSION.

In the matter of the application of The Ann Arbor Railroad Company for authority to close its station at Forest Hill, Gratiot County, Michigan, and to operate same only as a pre-pay station. File No. D-3093. October 29, 1937.

Application having been filed with this Commission on July 14th, 1937, by Norman B. Pitcairn and Frank C. Nicodemus, Jr., as receivers of The Ann Arbor Railroad Company, for authority to discontinue its station at Forest Hill, Michigan, as an agency station and to operate the same only as a pre-pay station, in which application the Commission is advised as follows:

  1. On the line of the railroad of said The Ann Arbor Railroad Com pany is located the station of Forest Hill. The average freight earnings per month of said station have declined from Two hundred sixty-two and 73/100 Dollars ($262.73) in 1929, to Thirty-three and 26/100 Dollars ($33.26) in the first six months of 1937, and the cost of operation of said station has declined from Seventy and 50/100 Dollars ($70.50) in 1929 to Fifty-three dollars ($53.00) in 1937. During the first six months of 1937 only Seven and 20/100 Dollars ($7.20) in passenger tickets were sold at said station.

  2. Your petitioners show that the cost of operating said station greatly exceeds its earnings, and is and will continue to be, a loss to your petitioners, and that public necessity and convenience do not require that said station be kept as other than a pre-pay station.

    After due notice to all parties in interest, this matter was brought on for hearing before the Michigan Public Utilities Commission at its offices in the City of Lansing on the 3rd day of August, A. D. 1937.

    The Commission, after due consideration of the evidence as submitted, and being advised that the passenger and freight revenue is not sufficient to warrant the maintenance of Forest Hill as a regular agency station at the present time, is of the opinion that the public will be reasonably and adequately served by the discontinuing of Forest Hill as a regular agency station until such time as traffic at said station increases to such an extent as to justify, in the opinion of the Commission, the expense, and require the services of an agent, Provided, the same shall be operated only as a pre-pay station from and after the effective date hereof.

    Only as a pre-pay station from and after the effective date hereof. THEREFORE, IT IS HEREBY ORDERED by the Michigan Public Utilities Commission that The Ann Arbor Railroad Company is hereby authorized and empowered to discontinue Forest Hill as an agency station until such time as traffic at said station justifies the expense and services of a regular station agent, Provided: the same shall be operated as a pre-pay station.

    MICHIGAN PUBLIC UTILITIES COMMISSION.