Procedure File No. 746

The Ontario Railway and Municipal Board.

Monday, the Second Day of October, A.D. 1911.

Between

Herbert Waddington, of the Town of North Toronto, in the County of York, and Herbert N. Winter, of the City of Toronto,

Applicants,

—and—

The Toronto and York Radial Railway Company, Metropolitan Division, and the Corporation of the City of Toronto, the Town of North Toronto, and the Township of York, made parties by the Order of the Board, dated the 19th day of September, 1910,

Respondents.

Upon the Application of the Respondent, the Toronto and York Radial Railway Company, made to the Board on the 15th day of June, 1911, for the approval of its plans for switches and turnouts, submitted pursuant to the Order of the Board, dated the 8th day of March, 1911, the said Application having been adjourned from time to time by the Respondents, other than the Railway Company, and having come on for final hearing on the 29th day of September, 1911; upon hearing the evidence adduced on behalf of the parties, and upon reading the Report of the Board's Engineer, dated 30th September, 1911; and upon hearing Counsel for the Applicants and Respondents, respectively, the Board was pleased to direct that the Application should stand over for Judgment, and the same coming on this day for Judgment:

1. It is declared that the Respondent, the Toronto and York Radial Railway Company, has the right under the Agreement, dated the 6th day of April, 1894, made between the Municipal Corporation of the County of York and the Metropolitan Street Railway Co., to construct, put in and maintain such switches and turnouts as may from time to time be found to be necessary for the operating of the Company's line of railway on Yonge Street.
2. And it is further declared that this Board has the right and power under the legislation of the Province of Ontario, relating to it, to order the said Respondent, the Toronto and York Radial Railway Company, to construct and maintain such switches and turnouts as may be necessary for their passenger service and such freight (except explosives) as may be presented to them for carriage as common carriers.
3. And the said Respondent, the Toronto and York Radial Railway Company, having submitted plans showing switches and turnouts, which are necessary to enable the said Respondent to comply with the Order for a better service made by this Board, dated the 8th day of March, 1911;
4. It is therefore ordered that the said Plans for switches and turnouts submitted by the Respondent, the Toronto and York Radial Railway Company, be and they are hereby approved.
5. And it is further ordered that the said switches and turnouts shall be constructed by the Respondent, the Toronto and York Radial Railway Company, under the approval of and subject to the satisfaction of Mr. John F. H. Wyse, the Board's Engineer.
6. And it is further ordered that the City of Toronto and the Town of North Toronto do pay to the Respondent, the Toronto and York Radial Railway Company, their costs of witnesses due to the adjournment of the 11th September, 1911, but doth make no further Order as to the costs except that the Railway Company shall pay $20.00 for stamps upon this Order, and the fees of the Board's Engineer to be fixed by the Board.
7. And it is further ordered that further directions, if any, be reserved to be disposed of hereafter by the Board.

(Signed) James Leitch,
Chairman of the Ontario Railway and Municipal Board.

(Seal.)

Railways: T. & Y.Rad.Ry.

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