stead of being by a bridge as appears in said plan shall be a grade; the said highway to be filled and graded as is necessary by said railway company. The grade of said roadway so filled and graded to be not more than two (2%) per cent., or to the satisfaction of the Selectmen, including the strip northerly from said crossing to a point substantially opposite the barn owned by Mr. Barnard on the west side of said road. "The roadway so constructed to have a clear driveway of fourteen (14) feet in width, a shoulder on each side three (3) feet in width, the outer edge of said shoulder to be not more than six (6) inches below the level of said roadway, and the slope from said shoulder to be on a grade of substantially fifty (50%) per cent., or a drop of one (1) foot for each two feet in width; said company to erect and maintain railings along said roadway as required by the Selectmen. "Tenth. Where said railway crosses the main highway near the Mulberry Point road, shown on Plan 12-21, the bridge over said highway shall be so constructed as to allow not less than thirteen (13) feet clear head room. Said railway company in changing said highway, as necessary at said point, is to leave the highway in good condition as to grade to the satisfaction of the Selectmen. "Eleventh. Where the tracks of said railway occupy the easterly side of the back road from Mulberry Point to Guilford, shown on Plan 12-21, and the traveled part of said highway is to be moved westerly, said traveled part of the highway when changed shall be at least fourteen (14) feet wide with suitable shoulders. "Twelfth. That where said railway is shown to enter upon the highway west of the borough, as appears in Plan 14-21, the layout shall be so changed as to keep said tracks entirely outside of the highway. “Dated this 9th day of November, 1909, within sixty days after the presentation of said plan. CALVIN M. LEETE, RALPH D. BARTLETT, WILLIAM L. STONE, Selectmen of the Town of Guilford." APPEAL OF THE SHORE LINE ELECTRIC RAILWAY COMPANY FROM THE DECISION OF THE WARDEN AND BURGESSES OF THE BOROUGH OF GUILFORD, CONNECTICUT. To the Honorable Board of Railroad Commissioners of the State of Connecticut: The petition and appeal of The Shore Line Electric Railway Company respectfully represents: "1. That on September 10, 1909, the petitioner and appellant, a corporation chartered by the General Assembly of the State of Connecticut, for the purpose of operating street railways upon highways and private grounds within certain towns of this state, including Guilford, presented to the Warden and Burgesses of the borough a plan which it had caused to be made showing the highways in said borough in and through which it proposed to lay its tracks, the location of the same as to grade, the center lines of such highways, and such changes as were proposed to be made in such highways, a copy of which notice to such Warden and Burgesses and a copy of said plans are annexed hereto and made part of this paragraph. "2. Said Warden and Burgesses after public notice and a hearing of all persons interested therein, and within sixty days after such presentation of such plans, to wit, on November 9, 1909, notified your petitioner and appellant in writing of their decision thereon and of such modifications in such plans as they had made. A copy of such written decision is hereto annexed and made part of this paragraph. "3. Wherefore this petitioner and appellant being affected by such decision and aggrieved thereby, within thirty days from the service upon this petitioner of such decision, hereby appeals from certain portions of such decision, and states specifically the portions of such decision appealed from and the reasons of such appeal, as follows, viz.: "The portions of such decision appealed from are: “ The poles shall be painted every three years;' and 'That twelve lights be placed at corners designated by the borough officers;' and for reasons of appeal this petitioner and appellant alleges that the Warden and Burgesses of said borough are without authority or jurisdiction to direct as to the repair of the superstructure of said. railway, and without any jurisdiction to require as a condition of the operation by such railway of the highways in said borough that it shall furnish lights for the benefit of the inhabitants of said borough. "THE SHORE LINE ELECTRIC RAILWAY Nov. 29, 1909. "By GROSS, HYDE & SHIPMAN, Upon which petition and appeal we issued the following order of notice for hearing: STATE OF CONNECTICUT. Office of the Railroad Commissioners. HARTFORD, December 9, 1909. Upon the foregoing petition and appeal it is ordered that the same be heard at the office of the Railroad Commissioners in Hartford, on Wednesday, December 15, 1909, at eleven o'clock A. M., and that notice thereof be given to the petitioner and to the Borough of Guilford, by Henry F. Billings, by depositing in the postoffice in Hartford, postage paid, true and attested copies of said petition and appeal, and of this order addressed one to the Shore Line Electric Railway Company, New Haven, Conn., and one to the Warden and Burgesses of the Borough of Guilford, Guilford, Conn., on or before the 9th day of December, inst. ANDREW F. GATES, WM. O. SEYMOUR, Railroad Commissioners. And on said December 15, 1909, we met at the time and place named in said order of notice, when said petitioner and said borough appeared and were heard, and said matter was continued until April 20th, when, after careful consideration, we issued the following finding: But two matters are involved in the appeal of The Shore Line Electric Railway Company from the decision of the Warden and Burgesses of the borough of Guilford, locating the lines of the petitioner's electric railway in the highways within the borough limits: "1. The condition was imposed that the poles used in the construction of the petitioner's railway be painted every three years. 'This is a matter left by statute entirely within the jurisdiction of this Commission, and will be passed upon in our approval of the method of construction of the petitioner's electric railway. "2. The condition was imposed that twelve lights' be placed at corners designated by the borough officers. "We believe the principle governing this matter is as follows: That lights should be established and operated at such points as the construction and operation of the street railway creates a dangerous situation, which dangers may be lessened by establishing and maintaining lights. "We therefore find and order, that the petitioner place and maintain lights at the three following points in the borough of Guilford: "(a) Where the tracks of said railway leave the east end of Jones' Bridge and enter Water Street at the westerly boundary of said borough. "(b) Where the tracks of said railway leave Boston. Street to enter upon private right of way, just west of the East Creek Bridge. "(c) Where the tracks of said railway enter the highway just east of Jones' Bridge or causeway. "We therefore deem it equitable, and do find, order, and direct, that the petitioner The Shore Line Electric Railway Company, may construct its electric railway in the highways within the borough of Guilford, in accordance with the plans submitted to and approved by the Warden and Burgesses of the borough of Guilford, except as we have herein modified them. "A copy of the foregoing plans are filed in this office and are marked 'Map of the Proposed Location of The Shore Line Electric Railway. Guilford, Connecticut. Scale 200 feet to an inch. Nov., 1909.' "The Shore Line Electric Railway. Guilford, Conn. Horizontal Scale 200 feet to an inch. Vertical Scale 20 feet to an inch. A. Wm. Sperry, Chief Engineer. 2-26. "The Shore Line Electric Railway. Guilford, Conn. Horizontal Scale 200 feet to an inch. Vertical Scale 20 feet to an inch. A. Wm. Sperry, Chief Engineer. 3-26. "The Shore Line Electric Railway. Guilford, Conn. Horizontal Scale 200 feet to an inch. Vertical Scale 20 feet to an inch. A. Wm. Sperry, Chief Engineer. 4-26. "The Shore Line Electric Railway. Guilford, Conn. Scale 200 feet to an inch. 1907. A. Wm. Sperry, Chief Engineer. 5-26." PETITION OF SHORE LINE ELECTRIC RAILWAY COMPANY TO WARDEN AND BURGESSES. To the Honorable Warden and Burgesses of the Borough of Guilford: The Shore Line Electric Railway Company, a corporation chartered by the General Assembly of the State of Connecticut, for the purpose of operating a street railway, herewith, and before said company has proceeded to construct any part of such railway within the borough of Guilford, has caused a plan to be made. showing the highway or highways within said borough in and through which it proposes to lay its tracks, the location of the same as to grade, and the center line of said highways, and such changes as are proposed to be made in said highways. Said Shore Line Electric Railway Company hereby presents such plan to you, the Honorable Warden and Burgesses of said borough of Guilford, and requests the acceptance or adoption of such plan, or the making of such modifications therein as shall seem to you proper, including the direction as to the placing or locating of its tracks, wires, conductors, fixtures, and other permanent structures of such railway in the highways within said. borough of Guilford, in accordance with the statute in such case made and provided. Dated at Hartford, this .... day of September, 1909. THE SHORE LINE ELECTRIC RAILWAY COMPANY, By GROSS, HYDE & SHIPMAN, ' THE DECISION OF THE BOARD OF WARDEN AND BURGESSES OF THE BOROUGH OF GUILFORD, CONNECTICUT, ON THE APPLICATION OF THE SHORE LINE ELECTRIC RAILWAY COMPANY FOR PERMISSION TO LOCATE ITS TRACKS AND FIXTURES WITHIN SAID BOROUGH OF GUILFORD, AND FOR THE APPROVAL OF ITS PLANS. "Whereas, The Shore Line Electric Railway Company on September 10, 1909, made an application to the Warden and Burgesses of Guilford for permission to locate its tracks in said borough, and filed therewith its plan of location of its proposed railway; and "Whereas, pursuant to law, said Board of Warden and Burgesses gave public notice that a public hearing would be held by the Board of Warden and Burgesses upon said application at the Town Hall, |