The History of the Railroad in Indiana County Part III

The Pennsylvania Railroad’s 48-year monopoly of railroad traffic on its Indiana Branch was about to end.  In September 1902 BR and P officials gave a contract to Alexander Patton for the construction of a 15-mile section from McKee’s Mills (Ernest) to Black Lick.  About a year later in August 1903 it was revealed that, in consideration of a contract with Pittsburgh Coal and Gas Co. to carry its entire output, BR and P had agreed to build another 17-mile line from Ernest southwesterly to Iselin at a cost $677,000.  This branch was known as the “Ridge Line.”

The cost of building the Indiana-Punxsutawney line as of June 30, 1903 was $1,095,841.72.

At last the tunnel was completed, and the Gazette informed its readers that “the first BR and P train, hauled by Engine 84, had been run into Indiana.  On last Monday morning, February 8, 1904, “Squirrel” Repine, manager of the Union Transfer Company, loaded the first load of freight…Miss Daisy Conner of West Indiana, was the first woman to walk through the new tunnel.”

This tunnel is still in use today and may be seen by driving out North Ninth Street and turning toward Fulton Run.  The south end of the tunnel is seen as you cross the bridge over the B and O tracks.

On Monday May 2, the first passenger train arrived amid a crowd of more than 1,000 cheering people.  The train consisted of Engine 193 with Engineer William Murray at the controls, an express car, and two passenger cars loaded with about 80 passengers including many Punxsutawney officials.

The Indiana Station, 28 by 86 feet, had not yet been completed.  J.J. Archer was the first agent.  He sold the first passenger ticket to Edward Rowe.  The fare to Punxsutawney was $1.10, round trip, $2.  During the first week of operation Archer sold 426 tickets to points north of Indiana. 

Possibly the first fatality on the new railroad occurred May 7 – only five days after the arrival of the first passenger train in Indiana.  Sherman Thayer, a freight conductor, was killed between Engine 73, which was backing southward on the “Ridge Line” with a caboose in front, when it met a work train coming north at the curve near Creekside Station.  The caboose was smashed to kindling wood.

On July 18, 1904 the first passenger train on the BR and P Blacklick Branch arrived in Indiana, a combination passenger and baggage car attached to a train of coal cars.  It left Vintondale a few minutes before 7 a.m. and, through an arrangement with PRR, traveled on the PRR tracks to Black Lick, and from there to Indiana on its own tracks by way of Coral and Homer City, reaching Indiana at 8:45 a.m.

In September 1904 BR and P carried 1,400 passengers to Indiana in one day – Thursday of fair week.

For a few months in 1904, BR&P had a passenger service to Vintondale with the train traveling part of the way over Pennsylvania Railroad tracks by special arrangement, but it was discontinued on October 22, 1904.

Additional branch lines were built to mines at Fulton Run and Whiskey Run (1906); along Yellow Creek (1907); to Tide, Coy and Luciusvoro (1908); to Jacksonville, Aultman and Nesbit Run (1910); and to Guthrie and Tearing Run (1913).

In 1912, improvements were made to the tunnel near Indiana.  It was the height of the coal boom.  In May 1910, a BR&P motor car, “The Comet,” was exhibited in Indiana – an example of the coming demise of steam power.

Among other railroads planning extensions was the Pittsburgh & Eastern, which had a line to Glen Campbell by 1896 and announced ambitious plans in 1897-98 to construct a 70-mile railroad through Indiana County to West Newton on the Youghiogheny River. Nothing came of this, however, and in 1899 that railroad was sold to the New York Central.

In 1898, an item headed “At Work on a New Railroad” told of a private, standard-gauge railroad being built from the P&E at the forks of Cush Creek up the north branch of the creek past Gipsy and across Gorman Summit to a timber tract in Grant Township near Nashville.  This logging railroad built by Nathan L. Hoover was about seven or eight miles long.  On May 20, 1899, a Shay geared locomotive was purchased.  In December 1902, Hoover sold the line to the NYC for $68,500, and it was used thereafter to haul coal.

Another logging railroad was the Black Lick & Yellow Creek, organized June 15, 1904.  Most of the lines were in Cambria County, with projections into Indiana County at Rexis in Buffington Township and Burns in Pine Township.  It was also standard gauge.

After the owner, Vinton Lumber Co., had completed timber operations, the coal interests eyed the railroad.  A Gazette item in October 1910 spoke of a preliminary survey for an “extension of the old Blacklick and Yellowcreek Railroad to Pine Flats” nearing completion for the NYC and J.H. Weaver Coal Co., who apparently had purchased it about that time or earlier.

On April 20, 1911, the name was changed to the Cambria & Indiana Railroad, and the extension to Malvern near Pine Flats opened for service on December 24, 1911.  At Possum Glory it connected with NYC, and at Rexis it connected with PRR. 

At first passenger service was steam-powered, but on June 16, 1912, a self-propelled storage battery car was put in service – an unusual feature.  The battery cars were replaced in October 1922 by gasoline cars.  Passenger service terminated in 1931.

NYC was interested in the coal deposits of Indiana County for use in its steam locomotives and had constructed the Beech Creek Railroad from Williamsport to Clearfield for this purpose.  By 1896 rumors were circulating that the Vanderbilts, owners of the NYC and the Beech Creek, were planning to extend the line to Pittsburgh.

In 1903 a possible ruinous competition with PRR was averted by an agreement reported in the Indiana County Gazette, May 20, 1903:

“It seems that both the PRR and New York Central will extend from Cherrytree to Fleming Summit at once, occupying the same right of way.”  This cooperative arrangement was known as the Cherry Tree & Dixonville RR.  By August 1903 the Beech Creek Railroad had reached Cherry Tree.

In September of that year, another Gazette story said the road to Fleming Summit was “almost completed” and was to be extended south along the north branch of Two Lick to Joe Hine’s place near Mitchell’s Mills (Diamondville), where it would branch, one branch going to the mouth of Dixon Run (in what became Clymer) and up that run about six miles to Dixonville.  The other branch went to Possum Glory near Heilwood.

Passenger trains operated by PRR were running by December 1904 from Cherry Tree to Hines, making stops at Fleming Summit, Purchase Line, Lovejoy, Shanktown and Possum Glory.

Before the line could reach Clymer, a deep cut through a hill had to be made, known as the “Diamondville Cut.”  The first train reached Clymer in November 1905.  In 1906 a station was erected there and the line was extended farther to Dixonville and Idamar.

Regular PRR passenger service from Cresson to Clymer began April 1, 1907.  For a time both PRR and NYC operated passenger trains over the same track.  In 1922, the line from Idamar was extended to a mine at LaRayne located at the southeast corner of East Mahoning Township.

In July 1903, it was reported that surveys and coal testing were underway in the area of Plumville and northwestern portions of Indiana County for the Buffalo & Susquehanna RR.  An agreement was made in February 1905 with the BR&P to use the BR&P tracks from Juneau to Stanley in Jefferson County two miles east of Sykesville.

From Juneau a new line was built 15 miles to Sagamore, Armstrong County, completed 1905-06.  In 1932, the railroad was sold to B&O.

While these and other lines were being built, PRR did not stand idle.  In 1888, the people of EAst Wheatfield Township were angered by the construction of a 10-mile PRR line on the old canal towpath between Johnstown and Cramer, destroying the only good road between these places.

PRR had a disastrous year in 1889.  The headquarters of the former West Penn RR (now W. Penn Division of PRR) was moved from Blairsville to Pittsburgh.  In January, a locomotive which had been repaired in Blairsville shops was being brought out when the cap blew off the dome.  Machinist Hugh Connoll was killed and fireman Scott and two others, were seriously injured, along with two others.

A coroner’s jury decided that the explosion of Engine 247 “was due to some imperfection in the iron cap, not possible to have been observed.”  In May the Johnstown Flood caused extensive damage to the lines and rolling stock of PRR.

In August the Indiana Branch passenger train operated by Engineer Delos Hetrick crashed into a freight locomotive in the lower part of the Blairsville Railroad Yard.  Engineer Shepard on the freight engine was en route to Bolivar Junction train heading toward him.  Putting the locomotive in reverse, he jumped out.  

No one was seriously hurt, but both locomotives were badly smashed and a baggage car was slightly damaged.

The freight locomotive went by itself for about five miles and passed a gang of workers who put a hand car on the rails and gave chase.  About two miles further they caught and stopped the runaway.

In July 1889 the Indiana Times mentioned that the Indiana Branch passenger train consisted of an engine, three coaches and a baggage and express car.  “It is only a few years,” said the Times, “since an engine, one coach and baggage and passenger car was sufficient.”

In 1892 a new bridge at the west end of the Bow Ridge tunnel (W. Penn Division) was built, and in 1895 a new bridge was erected over the Conemaugh at Social Hall.

In 1898, the stock yards and the locomotive turntable at the Indiana Station were removed and a “Y” for turning constructed on a more than 10-acre tract purchased from Wilson, Sutton & Clark at the southwest corner of the old Experimental Farm.

In July 1900 PRR contracted with H.S. Kerbaugh for a 4-½ mile extension from Vintondale down Black Lick Creek to Buffington.  By September 1902 the line was being pushed down the creek from Dilltown to Social Hall.  Farmers were paid $4 a day for a team and labor. “Foreigners” got $1.35 a day and were housed in shanties at Buena Vista.

In 1902, PRR acquired the Pennsylvania & Northwestern RR, one line of which ran from McGee’s Mills through the northeastern corner of Indiana County to Punxsutawney.

In 1906 nine miles of the West Penn line was double-tracked from Blairsville to Tunnelton and a new 600-foot tunnel bored through Bow Ridge.  Six new masonry bridges were erected over the Conemaugh at various points.

A scandal surfaced in March 1907 when a PRR agent was arrested in Johnstown for attempting to bribe Blairsville Councilman David Miller.  It was alleged he offered Miller $1,000 “and a mileage book in return for a promise to fight any attempt to repeal the street-vacating ordinance.”

At last in May 1911, after considerable delay, a new passenger station was constructed in Indiana.  W.R. Artley was the contractor for the 40-by-90 structure, which enclosed the walls of the old freight depot in a buff brick casing.  The interior was finished with cement and plaster.

An old engine house at the corner of Eighth and Water streets was torn down.  The new passenger station was 60 feet back from Philadelphia Street.  “This will enable the loading and unloading of trains without blocking the street, as has been the custom ever since the railroad was built.”

PRR Train at the train station in Indiana at 8th and Philadelphia Streets (1949)

Excursions from Indiana to Atlantic City were offered in 1916 at $10 and $14, round trip.

About 1900, the automobile began to be seen occasionally on the muddy or dusty roads of Indiana County.  At first the railroads were uncensored about the newcoming transportation, and many railroaders no doubt laughed at the flimsy “putt-putters.”

As time moved on, more and more automobiles were seen and great strides were made in improving their performance and comfort, as well as the public roads on which they traveled.  The railroad people felt this was unfair competition because they had to maintain their tracks at private expense, as well as pay taxes; whereas automobiles, trucks and buses did not have to maintain their roadbeds.

For some time and in some parts of Indiana County, from 1907-1933, the railroads also had competition from streetcars.  Then the Great Depression occurred, which killed the streetcars; it did little to nothing to help the railroads.  Passenger volume declined, as well as coal hauling – so much so that the Iselins and other coal magnates of the R&P Coal Corp. sold their railroad to the Baltimore and Ohio Railroad in 1932.

In 1931, the Cambria and Indiana Railroad terminated passenger service, followed by the New York Central in 1933 which ended its passenger service to Clymer.  The PRR continued service to Clymer.

In 1928, just prior to the 1929 stock market crash, an experimental section of concrete ties were laid on the West Penn Division near Tunnelton, replacing the standard wood ties.

One November 25, 1938, Santa Claus made a trip on the B&O to Indiana where he was welcomed by a large crowd and afterward went to Troutman’s Store.

The Village of Newville

Located at the intersection of Route 110 and 954 just northwest of Indiana lies the little rural town of Creekside.  In 1854, the town was laid out by David Peelor and originally known as “Newville” because it was a new village.  Like most rural communities, it is filled with history and at one time was a bustling town, thanks to being a junction of the Buffalo, Rochester & Pittsburgh railway.

The citizens of Creekside, petitioned for the incorporation of town as a borough on May 1, 1905 and on June 5, 1905 the court granted the petition and the village of Creekside became a borough.

Being a new town, there were no elected officials, so the court ordered that the first election be held on July 11, 1905 in Gibson Hall.  After the election the officers were: J.C. Speedy, judge; J.M. McFeaters and J.A. Stuchell, inspectors; J.M. McFeaters, burgess; C.B. Sloan, J.C. Speedy, W.R. McElhoes, auditors; W.H. Faith, F.C. Clowes, W.E. Gibson, J.S. Bothel, S.W. Zimmerman, J.F. Gibson, school directors; D.A. McKee, assessor; J.J. McCracken and J.C. Carnahan, justices of the peace; J.M. Kidd, constable; E.G. Wilhelm, high constable; W.H. Byers and Curt Smith, overseers of the poor; J.A. Stuchell, M.L. Carnahan, J.C. Walker, A.G. Wilhelm, W.H. Faith, J.T. Gibson, James Lohr, council.

Indiana Street became the location for many merchants including: an upholstery business, grocery store, jewelry store, and a clothing store. Other businesses included Rose Pitzerell’s Restaurant and Jim Marsico’s Barber Shop.

Like all towns, there was need for law and order, so the borough had a jail. And Squire McCracken who served as Justice of the Peace, also served as the town’s undertaker.

The first fire department in town was a bucket brigade and later the town received its first fire truck, a new Model-T Ford which was procured from Joe Johnston, who owned a Ford agency, in 1923.  The town had three fire alarm bells to alert the firemen of a fire.

The town, small as it was, was sure bustling in the early days.

Transportation

After the days of horse and buggy, the transportation world began to change.  First came the trains; the Buffalo, Rochester, and Pittsburgh railroad track was laid in 1902, stretching from Punxsutawney to Indiana.  Daily round trips from Punxsutawney to Indiana occurred twice a day beginning in 1904; this train not only served as a passenger train but also as mail delivery to the various stations between Punxsutawney and Indiana.  The final run for this train was June 11, 1950.  Passenger, freight, and coal trains ran in all directions when leaving Creekside.

Then in 1907, the streetcar came to town; service ran between Indiana and Creekside, with the first trip occurring on July 4, 1907.  Passengers wishing to ride the street car had to climb 18 wooden steps to reach the three sided waiting station.  There were eight daily round trips, some examples include: the 6:20 a.m. car was for the working men; the 7:30 for high school kids on their way to school; and the 4:30 p.m. for the returning students. The streetcar was in service every day, except for Sunday.  However, streetcars were short lived with the last run occurring in 1933.

Automobiles in the early days were not as prevalent as they are today, and it was near impossible to travel during the winter months because of the muddy condition of the roads.

The Borough Churches

Creekside United Methodist Church

The Creekside Methodist Episcopal Church of the Pittsburgh Conference – formerly known as the Newville Appointment – was formed in the spring of 1871.  At first, services were held in a school house, until the fall of 1886 when a lot owned by Mason L. and Kate McFarland was sold to Thomas Johnston, James Nesbit, and R.B. Carroll as trustees for the church.  The total sum was $150.

The church grew and in January 1915, a section was added to the church measuring 24 x 30 feet, along with the installation of new front doors and a new coat of paint on the exterior.

In 1938, a sunrise service was held at 6 a.m.

Center Presbyterian Church

The Presbyterian Church was formed around the same time as the town in 1851, with 35 original members. For the first year, the congregation met in a barn on the farm of Michael Kunkle. The church was built in 1852 on its current site, but it burned in 1889 (the cause is unknown), and was rebuilt on the same site.

In the spring of 1923, the congregation voted to purchase the nearby property of Jesse Kunkle to be used for a manse. Other church endeavors over the church’s history included the remodeling of the basement in 1953, the erection of the brick bulletin board in 1982, remodeling of the exterior in 1984-85, and an addition to the rear of the church in 1989.

FIRE!

Like most places, Creekside also has some darkness in their history, from 1979 through 1981, there was a rash of arsons in the sleepy town of Creekside; the fire department responded to an increasing number – more than 50 – of suspicious fires.  These fires occurred in vacant homes, hunting camps and barns mostly occurring in the evening hours.  With each blare of the fire whistle, fear in the community rose.  Residents began sleeping with their loaded shotguns beside their bedside.

On February 11, 1979 during the early morning hours, there was a barn along Route 954 just south of Creekside that was burned.  Just two days later, the firemen were dispatched at 12:20 a.m. to a vacant, two-story frame house, just off Route 954 about a mile and a half south of town.  By the time firemen arrived, the structure was fully engulfed in flames.  Both fires had a suspicious origin.

The state police fire marshal was called, and this seems to have scared the arsonist because things returned to normal in the small town; that is until March 1980.

On March 18, two fires broke out.  The first destroyed a barn in Fulton Run, the second was in a one-room schoolhouse on the Indiana side of Fulton Run. Unfortunately, the arsonist grew braver.  There were five suspicious fires in April, followed by seven – one each month – from June through December.

To get a sense of how many calls were received from 1976 to 1980 – the Creekside Volunteer Fire Department responded to: 16 in 1976; 23 in 1977; 19 in 1978; 30 in 1979 and 45 in 1980.  By June 1, 1981 – a barn owned by George Craven was set ablaze for the second time – the fire department had answered 33 calls.

In 1980, the suspicious fires destroyed four barns, six vacant homes, a garage and a restaurant.  The three-month period from March through May 1981, saw four barns, three vacant houses, an abandoned trailer and two garages set ablaze.

Dick Kerner, Creekside volunteer fireman, said at the time that all the fires had things in common: they were in remote, secluded areas in unoccupied buildings, and started with road flares.  There was a suspect but was never charged, because authorities didn’t have enough evidence to prosecute; but the suspect seems to have felt the heat as the arsons stopped.

*The History of Creekside 1854-1994 published September 1994.
*Creekside Borough. Indiana Gazette July 8, 2003 pg. 11

Blue Spruce History

Located in Ernest, PA is a popular Indiana County Park, Blue Spruce Park. This ever-popular park has some great history behind it, linked to the railroad that ran through town. Because Ernest was also known for its coal mine, the railroad was an ever-important mode of transportation, but the locomotives were damaged by the acid mine water and created a large expense to the railroad. In this area Crooked Creek was polluted by the acid mine water. The solution to this problem was to purchase large quantities of land to protect watersheds to provide a pure source of water. Hence, Cummins Dam was built (also known locally as Cummings Dam with a “g”). The dam was constructed by the Buffalo, Rochester and Pittsburgh Railway (BR&P) on Getty Run in 1908 and named after an early landowner, J.D. Cummins. The Dam was enlarged in 1912 due to water leaking through the shall rock at the bottom of the lake bed, this caused an inadequate water supply for the railroad. The work in 1912 included capping the existing dam by adding eight feet in height. 

Once the Dam was completed it became a place for people to visit for swimming, fishing, and picnicking.  It is reported that the BR&P Railway even stopped at the nearby Cummings Railroad Yard to allow passengers to disembark the train and take a short walk to the dam to picnic and enjoy the day. 

Cummings Yard was located between Creekside and Chambersville and had a large water tower that was gravity fed by a pipeline from the dam. The Yard had its own volunteer fire company. There was also a collection of houses, on what is the current park property, that housed the railroad yard workers. 

In 1932, BR&P was acquired by the Baltimore & Ohio (B&O) Railroad. This railroad hauled coal from the mines and coke from the coke ovens, primarily to markets in Buffalo and Rochester, New York. There was also passenger train service to distant cities and to vacation spots like Niagara Falls. An advertisement from the time offered two 5-day excursion trips to Niagara Falls for $5.00. 

Train Excursion Ad
Advertisement for an train excursion to Niagara Falls

Many people from the area will remember the Hoodlebug, the gas-powered motor car, that ran on the B&O line and offered service between Indiana and Punxsutawney which ran until 1952. The Hoodlebug also transported mail and supplies in a separate attached car. There was another Hoodlebug that ran on the Pennsylvania Railroad line between Indiana and Blairsville. 

The story behind Cummins Dam is not without tragedy. On Sunday August 18, 1940, James Kendrick, a fourteen-year-old from Chevy Chase, drowned on an afternoon outing. A large crowd gathered at the site to watch the four-hour search and recovery of the body. A funeral service was held at the Church of the Living God in Chevy Chase and burial took place at the Greenwood Cemetery. 

It was during World War II that there was a concern during the war that the dam, along with other industrial sites in Western PA, could be blown up. Therefore, night watchmen were employed at these sites throughout western, PA because this region was so important in supplying coal, steel, and industrial products for the war effort. 

The railroad company was always trying to keep people away from Cummins Dam. The property had been posted with “No Trespassing” signs, and vandals were constantly tearing down the old signs down. The company routinely issued notices and published warnings in the local papers requesting trespassers stay off the property. However, people continually came onto the property despite the warnings. 

There was a severe tornado passed over the area on June 23, 1944. There were many trees on the property that were destroyed. The railroad also suffered damage when a railroad caboose car was blown off the tracks near Chambersville. Two B&O employees, David Potts and Lewis Grube, were slightly injured while riding in the caboose. Mr. Potts suffered a head and back injury and Mr. Grube was not seriously injured except for some lacerations of the body. 

It was in 1965 that Indiana County became involved with the site when funds were secured to acquire 377 acres for a county park, 143 of these acres were originally owned by the railroad, by this time it was Rochester & Pittsburgh Coal Company (R&P). In 2001 an additional 230 acres were acquired from R&P. The park today totals 650 acres.  The park was originally known as Rayne Township Park until Blue Spruce Park was chosen by the Indiana County Park Boar in September 1968. 

Murder in the Park 

Blue Spruce Park again saw tragedy in 1980, as it was the scene of a murder. On January 3, 1980, John Lesko and Michael Travaglia, both 21, picked up William C. Nicholls, 32, of Mt. Lebanon at the Edison Hotel in Pittsburgh. Richard Rutherford, 15, also accompanied the group. Mr. Nicholls was an accomplished organist at St. Anne Church in Castle Shannon. 

The group traveled in Nicholl’s new sports car to Indiana County. They spent several hours at the Rose Inn, then drove to Blue Spruce Park. Mr. Nicholls was bound and gagged in the vehicle trunk while the others were inside the Rose Inn. As the group drove to Blue Spruce, they gathered rocks from along Groft Road. Once at the park, they pulled Mr. Nicholls from the trunk, shot him in the arm, stuffed cigarette butts down his throat, gagged him with a scarf, placed the rocks in his jacket, and then threw him into the icy waters. It was the next day after Lesko and Travaglia confessed to the murder and told the investigators where the body could be found. The autopsy report revealed the Nicholls was still alive when he was thrown into the lake. 

The story doesn’t stop there, after leaving the park the group headed to Apollo, and on their way they baited Rookie Police Officer Leonard Miller to approach their car by speeding past him several times and running a red light. As Officer Miller approached the stopped car, he was shot and killed. 

Later that day Lesko and Travaglia was apprehended in Pittsburgh and began to tell their story of four murders over the span of eight days. The first victims were Peter Levato and Marlene Sue Newcomer. These murders became known as the “Kill for Thrill” murders.  

You may be asking yourself, how did Lesko and Travaglia find or even know about Blue Spruce Park. As it turns out Travaglia’s father owned a trailer near the park that was used as a summer camp and he had visited it as a child. 

The pair plead guilty to second degree murder in Indiana County and sentenced to life imprisonment for the murder of William Nicholls. They were then turned over to Westmoreland County for trial for the death of Officer Miller. They were convicted of murder and given the death sentence for Miller’s death. In 1981, they began a long series of appeals. Travaglia died in prison in 2017; Lesko continues to appeal the sentence of death. 

In 2009, a book about the crime spree was released, “Kill for Thrill” written by Michael W. Sheetz. 

Lady Umpire 

Also located on the park grounds is an historical marker on the ball field honoring Bernice (Shiner) Gera. She was a native of Ernest, born in 1931 and made baseball history as the first female umpire in the sport. Baseball was not her first career, instead she started working as a secretary and got married. One day she decided that she would like to become an umpire. She discussed and convinced her husband, Steve, of the idea and she enrolled in the Florida Baseball School in 1967.  

For five years Gera was barred by minor league baseball, but won a landmark lawsuit allowing for her to work as an umpire.1 Her first, and only, game as a professional umpire took place on June 24, 1972 in a New York-Pennsylvania League game in Geneva, New York. This achievement thrust her into the national spotlight and opened the doors, not only for other women, but for men previously denied umpiring opportunities because of arbitrary restrictions. 

Bernice went on to work in community relations and promotions for the New York Mets Baseball Club. She was inducted in the Indiana County Sports Hall and Fame. She was an outstanding athlete in her own right. As a youth, she was described as a “tomboy” who could play ball as well as most boys. Bernice Gera died on September 25, 1992.

New York State Div. of Human Rights v. New York-Pennsylvania Professional Baseball League, 320 N.Y.S.2d 788 (N.Y. App. Div. 1971).