Imágenes de páginas
PDF
EPUB

railway, any two such railways may, by agreement, provide for the construction by one of the companies of so much of the line as is common to both, and for the manner and terms upon which the business thereon shall be performed. Any company so connecting may alter its articles of association, so as to terminate at the point of intersection, and may reduce its capital to a sum not less than ten thousand dollars for each mile of its road thus shortened. This section does not apply to any part of the line within the bounds of a city.

Laws of 1854, ch. 282, p. 608, § 13.

out the state.

§ 542. Any company formed under the general Lines withlaws may if necessary, under a two-thirds vote

of the directors, locate and construct in an adjoining state a part of their road between any two points within this state; and the sections of such road lying within this state shall be deemed a connected line according to the articles of association. The directors may, in such case, reduce the capital to an amount not less than that required by law for the number of miles of the line actually within the state.

1 R. S., 1240, § 55.

§ 543. Every company whose line is open for use, and before opening a new line for use,

erect and maintain on the sides of their

Company

to erect and maintain

fences and

shall

cattle. guards.

road,

wherever fences are necessary to prevent horses,

cattle, sheep and hogs from getting on to the railroad from the adjoining lands, a fence of the height and strength of a division fence, as required by law, or a sufficient post and wire fence, with openings, gates or bars at the farm-crossings for the use of the adjoining owners; and also shall erect and maintain cattle-guards at all road-crossings (whether of roads already or hereafter laid out), suitable to prevent such animals from getting on to the railway. When such fences or guards are not made or not in good repair, the company and its agents are liable for damages done by the agents or engines of any company to any such animals thereon under any circumstances, except where the willful act of the owner caused the injury: but when such fences and guards are duly made and in good repair they are not liable for any such damages, unless negligently or willfully done.

Laws of 1854, ch. 282, § 8; Laws of 1853, ch. 62, § 2, last clause.

Agreement § 544. It is the duty of every owner of land

of adjoining

owner to fence.

adjoining any railway, who has received or whose grantor has received a specific sum as compensation to fence, and has agreed to build and maintain a lawful fence on the line of said road, to build and maintain such fence; and if the owner, his heirs or assigns, within thirty days after notice so to do from the company, neglects to build or maintain the same, if built, the company shall

build and maintain it, and may maintain an action for the expense thereof against the person so neglecting.

Laws of 1854, ch. 282, p. 608, § 9.

railway

§ 545. No person not connected with or em- Walking on ployed upon the railway shall walk along its rack protrack, except where the same is laid along a public road or street.

From 1 R. S., 1237, § 43, last clause.

ARTICLE III.

RAILWAY TRAFFIC.

SECTION 546. Duty to carry mails.

547. Duty of company towards rival connecting roads.

548. Employees to wear badges.

549. Penalty for exacting illegal fares.

550. Passenger refusing to pay fare.

551. Accommodations.

552. Baggage checks.

553. Sleeping cars.

554. Duty and liabilities of companies as to sleeping cars.

555. Position of passenger cars in train.

556. Duty of passengers.

557. Crossing signals.

558. Intoxication of company's servants.

559. Railway companies as common carriers.

carry mails.

§ 546. Every company shall, when applied to Duty to by the postmaster-general, convey the mails of the United States on their road; and in case they do not agree as to the mode and terms of the service, the governor may appoint three commissioners, who, or a majority of them, after fifteen days' notice, to the company, in writing, of the time and place of meeting shall determine the mode and

terms; but the price shall not be less than the freight on a like weight of merchandise transported in their freight trains, and a fair compensation for the post-office car. And in case the postmastergeneral requires the mail to be carried at other hours, or at a higher speed than the passenger trains are run, the company shall furnish an extra

train for the mail, and be allowed an extra compensation.

1 R. S., 1235, § 33.

Duty of company towards rival connecting roads.

§ 547. Every company shall grant to other companies whose routes touch its own, equal terms in respect to the transportation of trains, persons and property upon its road, and equal facilities in the interchange of cars and in the furnishing of tickets for the business of each connecting road. The governor shall, upon the petition of the proprietors of any such connecting road who feel aggrieved in respect to such arrangements, presented on fourteen days' notice to the others, appoint three disinterested persons as commissioners, who shall summarily examine the grievances and prescribe such regulations as they deem just to secure to the connecting roads equal accommodations, and shall fix the terms and conditions thereof. Their award, when approved by the county court of the county where such intersection is, shall be binding for two years; and the court may compel performance by appropriate

process. The expense of the proceedings shall be paid as determined by the court.

1 R. S., 1239, § 52.

to wear

badges.

§ 548. Every person employed by a company Employees on a passenger train, or at a passenger station, shall wear upon his hat or cap a badge indicating his office and the initials of the company's name, and without such badge no such person shall exercise any of the powers of his office or employment, or interfere with any passenger, his baggage or property.

Ib, 1232, § 29.

exacting

§ 549. Any company which asks and receives a Penalty for greater rate of fare than that allowed by law shall illegal fares forfeit fifty dollars, to be recovered, with the excess

so received, by the party paying the same.

But

it is lawful for any company to take the legal rate of fare for one mile for any fractional distance of a mile.

Laws of 1857, ch. 185, vol. 1, p. 432.

refusing to pay fare.

§ 550. If any passenger refuses to pay his fare, or Passenger to exhibit or surrender his ticket when reasonably required so to do, it is lawful for the conductor and the servants of the company to put him and his baggage out of the cars, using no unnecessary force, at any usual stopping-place, or near any dwelling-house on stopping the train.

1 R. S., 1236, § 34.

dations.

§ 551. Every company shall start and run their Accommo cars for the transportation of passengers and pro

« AnteriorContinuar »