L-41-165 MEMORANDUM ------

Washington, D. C. April 4, 1941

TO The Director, Retirement Claims

General Counsel

SUBJECT New York, West Shore and Buffalo Railway Company (Second corporation)

Service claimed as operator, West Point to Kingston, New York, from March 1885 to December 1885. Submitted March 7, 1941.

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The following is taken from the Valuation Report of the Interstate Commerce Commission on the property of the West Shore Railroad Company (27 Val. Rept. 505):

The New York, West Shore and Buffalo Railway Company was incorporated under the general laws of New York and New Jersey through articles of consolidation dated May 12, 1881 and filed in both states on June 14, 1881. Its property was sold at foreclosure and the company was reorganized December 5, 1885 as the West Shore Railroad Company. The property of the West Shore Railroad Company has been operated by The New York Central Railroad Company and its predecessor, The New York Central and Hudson River Railroad Company, since January 1, 1886.

On date of sale the New York, West Shore and Buffalo Railway Company owned 423.67 miles of standard gauge railroad extending from Weehawken, New Jersey to Buffalo, New York, and a branch line of 11.55 miles between Ravena and Kenwood Junction, New York, and a branch of 26 miles between Cornwall and Middletown, New York. That part of the railroad from Cornwall to Buffalo, New York and from Ravena to Kenwood Junction, New York, was operated by its own organization to June 9, 1884, and from that date to date of sale by receivers. That part of the line extending from Weehawken, New Jersey to Cornwall, New York and from Cornwall to Middletown, New York, was operated under lease by the New York, Ontario and Western Railway Company to date of sale.

From the foregoing it appears clear that the New York, West Shore and Buffalo Railway Company was a predecessor in operation of - 2 - Memo to the Director, Retirement Claims R.R.B. No.

The New York Central Railroad Company, a "carrier employer" on August 29, 1935, and a common carrier by railroad.

Therefore, I am of the opinion that the New York, West Shore and Buffalo Railway Company was a "carrier by railroad predecessor" within the meaning of the provisions of Sections 1(f) and 202 of the 1937 Act and that consequently service rendered to it is creditable from June 14, 1881, the date of its incorporation, to December 5, 1885, the date its property was acquired by the West Shore Railroad Company.

It should be noted that service claimed by individuals engaged in operations between Weehawken, New Jersey and Cornwall, New York, and from Cornwall to Middletown, New York, may have been ren­ dered to the New York, Ontario and Western Railway Company.

General Counsel