Toronto and York Radial Ry.

The Ontario Railway and Municipal Board gave the following judgment, Feb. 1, in the case of the Town of North Toronto vs. the Toronto and York Radial Ry. Co.: When this application came before the Board Nov. 23, 190S, counsel for the parties consented to an inspection and report by J. F. H. Wyse, C.E., the Board's engineer. Mr. Wyse, in the course of his inspection, conferred with the company's engineer and the applicants, and has made his report. The Board heard arguments Jan. 26 upon the report, and the only question now is, as to whether or not the Board has power, under the contract or under the Railway Act, to make an order carrying out the engineer's recommendations.

The chief objection made by the company is in reference to the drains across the tracks, and the macadamizing between the rails and 18 ins. on the outside. The Board has examined the locus in quo on more than one occasion, and knows that the tracks are in a portion of the travelled road. The contract between the parties is found in schedule A to 60, Vic. 1897, cap. 92. Section 10 of the contract is clear that the road within and alongside of the switches and turnouts must be macadamized as the applicants' engineer shall direct. Sec. 13 of the contract provides that the whole space occupied by the track allowance shall be kept in good order and repair to the satisfaction of the applicants' engineer. The Board is of opinion that the only way to keep the tracks in good order and repair is to put in drains and to macadamize as recommended by the Board's engineer. The Board therefore orders that its engineer's recommendations as to drains across the tracks and macadamizing switches, turnouts, and tracks shall be carried out by the company. This work shall be done within 4 months from the date of the formal order. The split switches tiow in use are faulty in construction for an electric railway, and must be replaced by tongue switches.

"With reference to the Glen Grove cars, the Board is of opinion that they are dangerous to the public from want of renewal and repair, and proper brakes, etc., and by reason of the bad and ragged condition of the fenders. The Board therefore orders that its engineer's recommendations be carried out by the company. The Board thinks that 4 new cars will be sufficient for this service, and that they should be put in commission with all reasonable despatch, and not later than May 1.

"The engineer not having made any recommendation as to the removal of snow, the Board reserves that question for further order and direction.

"In reference to the discrimination between local and through traffic, the Board thinks that if the company's rule as to the right-Of-way on the Glen Grove division is observed by the conductors and motormen, it will secure as good a local service as can be given under existing conditions. The Board, however, desires to point out its engineer's recommendation that the company's line through North Toronto should be double-tracked, in the centre of the street. One does not require to be an engineer to know that it is very difficult to make a service satisfactory where cars have to be side-tracked for other cars to pass. This causes delay and irregularity in the service which will always be unsatisfactory to the public. The portion of Yonge St. maintained by the applicants is in very bad condition, hollow in the centre instead of being crowned; in wet weather muddy, and in dry weather full of ruts. The company is prepared to double-track. The town should not only permit the company to do so, but it should crown up the street and macadamize it from side to side. There is no reason why the people of North Toronto should not have, not only a good street railway service, but also a decent street for their vehicular traffic. The Board strongly recommends the town authorities and the company to get together with a view to improving the unsatisfactory conditions that now exist, and are sure to continue so long as the cars are operated on a single track.

"The company will have to pay $20 for stamps on the formal order, but otherwise the Board makes no order as to costs.

Railways: T. & Y.Rad.Ry.

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