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101

RESUME OF PROCEEDINGS HAD BEFORE THE PUBLIC SERVICE COMMISSION FOR THE FIRST DISTRICT IN 1907, AND OPINIONS OF COUNSEL AND COMMISSION RENDERED IN SAID PROCEEDINGS.

Railroad Corporations, Street Railroad Corporations and Common Carriers.- Filing reports of accidents.

Filing Order No. 1, issued July 30, 1907, p. 682, 1907 Rep.
Opinion of Counsel, August 8, 1907, p. 581, 1907 Rep.
Memorandum on delays in reporting and resolution.
Opinion of Counsel, September 6, 1907, p. 584, 1907 Rep.

JURISDICTION

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FIRST DISTRICT
FOR THE
OF THE COMMISSION
RAILROADS OTHER THAN STREET RAILROADS.

OPINION OF COUNSEL.

I am in receipt of your letter bearing date August 3, transmitting a communication from Ralph Peters, president and general manager, respecting Order No. 1, covering the New York and Rockaway Beach Railway Company, the New York, Brooklyn and Manhattan Beach Railway Company, and the Glendale and East River Railroad Company, in which you note that it seems significant that Mr. Peters has not included the Long Island Railroad in the list of companies for You ask me to suggest a proper answer which he has given written acceptance. in this matter.

I would suggest that you write to Mr. Peters, that inasmuch as by the provisions of the Public Service Commissions Law, the Public Service Commision for the First District is given jurisdiction over the Long Island Railroad, in so far as concerns the construction, maintenance, equipments, terminal facilities, local transportation facilities and local transportation of persons or property within the First District, and is directed to investigate the cause of all accidents and to require railroad corporations to give notice of every accident happening upon any line of railroad operated within the territory over which the Commission has Long Island Railroad to give written jurisdiction, it will be necessary for the acceptance of Order No. 1, and to make to this Commission the report therein required.

Dated August 8, 1907.

DELAY IN REPORTING ACCIDENTS.

[Delays of from 53 minutes to 2 hours and 43 minutes in reporting accidents are in violation of an order requiring that they be reported immediately.]

The order covering reports of accidents, among other things, provided:

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Every common carrier, railroad corporation and street railroad corporation over which this commission has jurisdiction, is hereby required to give notice to this commission of every accident happening upon any line of railroad or street railroad, owned, operated or leased by it, in the following manner:

"First. In case of

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I. Accident resulting in death or serious injury to persons;

46 II. Collision resulting in serious damage to cars;

"III. Derailment of elevated or subway trains or railroad passenger trains; or "IV. Serious interference with or stoppage of traffic. given by telephone immediately after the happening of the "Such notice shall be accident, or, if the accident happens after 11 o'clock P. M., then at 8 o'clock A. M. of the following day, and such notice shall give the nature and location of the accident or event."

*The head notes and other matter preceding opinions and reports were not parts of the opinions or reports as made and printed in the minutes of the Commission. They have been added for the convenience of the reader and form no part of the actual decision in any case.

There are included with the opinions and reports some of the opinions of counsel, which have been regarded as settling particular questions covered by such opinions.

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