American Tobacco Co. v. St. Louis. "Q. In what way does the locomotive handle the cars on those grades? A. They push them up, push the cars up, the locomotiye always remaining at the rear. There are curves entering into our works on those grades. The engines haul up those grades about two cars. I believe under difficulties they can push a third car." He stated that there is level ground at the bottom of the subway, which extended out on the main side line track, not the main track of the subway on which the passenger trains are run, but another track, and an engine can take a good start there, in the neighborhood of a quarter of a mile. "Q. Do you know whether or not at first they did run there at a high rate of speed or not? A. At the beginning, I believe they took runs for those grades, and started down there anywhere from in the neighborhood of fifteen to twenty miles an hour, but it was decided that it was such a dangerous practice that they are now restraining the loads, and they are pushing them up under control. They are restricting the loads to whatever the locomotive can push up this five per cent grade. It is restricted practically to two cars. A normal haul, with loaded cars, is two, I think, for a load. I think with these very heavy engines that they will push a third car, although not probably fully loaded. I can figure it, but that is very close." On cross-examination he stated that he understood pretty thoroughly the hauling capacity of locomotives on grades under those conditions, and he was familiar with the subway here. He was asked on what he was basing his views as to the conditions in St. Louis and replied: "Simply this: I say in St. Louis you have got one street going across there, and you are to spend a whole lot of money for a subway pretty near threefourths of a mile long, to do away with one street crossing on Tower Grove avenue, when you could American Tobacco Co. v. St. Louis. lower one street. Then you interefere with these manufacturing plants. They remain as they are, as I understand it, now. I think that subway there is going to harm the property there, just from the observation that I have made out there. You take that terra cotta works out there; if they want to expand, I should think they might buy the ground and expand, on the east side of Kingshighway. If you put a subway in there and retaining wall on the side, you make it hard for them to put in spur tracks into the plant. I think you are going to depreciate the property. I think it is going to cause that ground to deteriorate in value or usefulness for manufacturing purposes. I think if you can preserve the levels that you have there, the main levels, and run in off that grade just as you are, I think that property stands a chance of being much more valuable than otherwise, than if there is a subway there." Speaking about the traffic in St. Louis carried across Tower Grove avenue, he said: "I would look at that this way: If you have got Kingshighway on the west and Grand avenue on the east, and here is Tower Grove (illustrating), I suppose the most you could say for Tower Grove would be that it would carry half the distance on either side. It would not take care of all that traffic. The other half would go to Kingshighway, and the other half down to Grand avenue. In other words, Tower Grove is only half the distance between Kingshighway and Grand avenue." He stated that a person could come under the tracks as well as over them; that he had never seen evidence of Tower Grove avenue being overly congested; if Tower Grove avenue had a good crossing underneath these tracks he had never seen it in a condition that it was so congested that you could not take care of it, from the way the city is now. American Tobacco Co. v. St. Louis. He was asked in regard to wagons being blocked and stated: "If you take Thirteenth street here today, the condition is practically no different from what it is anywhere else in Philadelphia. There are grades of, we will say, three or four per cent. A three or four per cent grade is not a serious thing for wagon hauling, because you meet it anywhere, but I do not see why there should be any congestion at Tower Grove avenue on account of the railroad tracks if Tower Grove avenue were depressed." He said that the fire department would have to go through the subway. He said that there were four per cent grades all over here; on Grand avenue, going from the bridge on Grand avenue up to Laclede, there is a heavier grade than there would be by depressing Tower Grove avenue, and stated: "In Philadelphia we are built up solidly, both north of Pennsylvania avenue and on the south, all the way from Twenty-third street down to Thirteenth street, and below, just solid blocks of houses; and in St. Louis you have got open fields there at Kingshighway on the south side; you are open all around west of Tower Grove avenue, from the south of it. You have got Shaw's Garden down there, which is a park. I do not think you have got any comparison with the Philadelphia subway here, which is built up all around it, on both sides. "If it had been decided, in the building of the subway, to depress Broad street, I do not know of any reason that we could not drive out Fairmount Park, and have gone under the tracks to Fairmount Park, and there would be no more element of danger in that, from horses and things of that sort, than we would have by going over it. "I do not believe you could have done it as economically as the subway here, because you would have to underpin the buildings on every block; you would have to do that; you would have that condition to meet American Tobacco Co. v. St. Louis. in every block. And you would have enormous damages if you depressed the cross streets; and you would have the sewers to take care of all the way along." The grades of the spur or side tracks of the Frisco and the Oak Hill leading into the Tobacco Company's plant, before mentioned, are materially increased, because the engineer who established those grades did not make any allowance for the vertical curves, which all the witnesses said were necessary at those points, and without them no train could be drawn over them. A vertical curve, if I understand it correctly, is a curved line used to join two grade lines, one ascending and the other descending, which, without the curve, would meet at the apex, more or less pointed, according to the degree of the ascending and descending grades, and a train of cars in passing over such a grade without the vertical curve would have one end thereof going down grade while the other end would be going up grade, with the apex somewhere between the two ends. For instance, suppose in the following figure, track A to B ascends on a 3% grade. Now if it were not for the vertical curve indicated by line D, E and F a train passing over said track would have to pass over the apex at B, which would break the couplings as fast as they reached that point, but with the vertical curve the train instead of passing over the apex at B would pass under that point on the curved line D E F without injury to the train. The same vertical curve is used when a train descends on a steep grade into a valley and ascends on a similar grade on the other side thereof, which will be illustrated by inverting the figure before mentioned. American Tobacco Co. v. St. Louis. B D. E. F. A Earth Charles P. Purdon, introduced as a witness for defendants, regarding vertical curves said: "Q. You are familiar with the amount of traffic and character of trains, engines and business done on the line of all these roads within the vicinity of Tower Grove? A. Yes, sir. From City's Exhibit 101, starting with profile at the top, the grades are constructed as angles without any vertical curves and vertical curves are absolutely necessary for the proper operation, because with the trains going up these grades the drawbars would have too much play, if the grades are not eased off, it would be like striking a car on this angle (indicating) and it makes a difference in the drawbar. The master car builder's rule allows a difference of three inches in height in drawbars and you ought not to exceed that, and, of course, if vertical curves are introduced there the rate of grade must be made steeper to reach the same point, or with a less distance the change of grade would be greater and that would apply to all of these. Another thing that would mislead a layman is that the roads are indicated as simple lines and instead of being lines they are planes, instead of two lines meeting you have two planes of certain width. Now, for instance, at this |