State Codes and Statutes

Statutes > New-york > Cal > Article-10 > 101

§  101.  Railroads operating over canals. The corporation shall have a  general supervisory power over so much of any railroad  as  passes  over  any canal or feeder belonging to the state or approaches within ten rods  thereof, so far as may be necessary to preserve the free and perfect use  of  such  canals  or feeders, or for making any repairs, improvements or  alterations thereupon.  No  railroad  corporation  shall  construct  its  railroad  over  or  at  any place within ten rods of any canal or feeder  belonging to the state, unless it submits to the corporation a map, plan  and profile of such canal or feeder and of the route designated for  its  railroad,  exhibiting  distinctly and accurately the relation of each to  the other at all the places within the limits of ten rods  thereof,  and  obtains  the  written permission of the corporation for the construction  of such railroad, with such conditions, directions and  instructions  as  in its judgment the free and perfect use of any such canal or feeder may  require.    Whenever  any  street  railroad shall cross over any bridge spanning a  canal, or canal feeder, the company owning,  maintaining  and  operating  the  same, shall be deemed liable for and shall pay all damages that may  occur or arise, either to the state or to  persons,  by  reason  of  its  laying and maintaining its tracks or rail over, upon and across any such  bridge, or by reason of the operation of its cars over the same; and any  such  company shall, upon demand of the corporation, make any repairs to  such structure to insure the continued safety  thereof,  as  shall  have  been  rendered necessary by reason of such use of said structure by said  company. Any company maintaining or operating a  street  railroad  over,  upon  and across any such bridge shall indemnify the state including the  corporation against any and all loss, damages or claims for damages  for  injuries to persons or property of passengers which shall be incurred by  or  made  against such state by reason of the operation of such railroad  over any such bridge, and the or corporation  may,  in  its  discretion,  require  any  company  so  maintaining or operating a street railroad to  furnish a bond, with sureties to be approved  by  it  to  indemnify  the  state including the corporation from all such loss, damage or claim. All  such permits heretofore or hereafter granted shall be revocable whenever  the  free and perfect use of any such canal or feeder may so require, or  if such railroad company shall  fail  to  make  any  such  repairs  when  required by the corporation. The railroad company using or occupying any  bridge  over  the same shall, within a reasonable time after the service  upon it, by the corporation of a written notice of such  revocation,  or  to  make  such repairs, remove at its own cost and expense, its railroad  from such bridge and from the limits  of  ten  rods  of  said  canal  or  feeder.

State Codes and Statutes

Statutes > New-york > Cal > Article-10 > 101

§  101.  Railroads operating over canals. The corporation shall have a  general supervisory power over so much of any railroad  as  passes  over  any canal or feeder belonging to the state or approaches within ten rods  thereof, so far as may be necessary to preserve the free and perfect use  of  such  canals  or feeders, or for making any repairs, improvements or  alterations thereupon.  No  railroad  corporation  shall  construct  its  railroad  over  or  at  any place within ten rods of any canal or feeder  belonging to the state, unless it submits to the corporation a map, plan  and profile of such canal or feeder and of the route designated for  its  railroad,  exhibiting  distinctly and accurately the relation of each to  the other at all the places within the limits of ten rods  thereof,  and  obtains  the  written permission of the corporation for the construction  of such railroad, with such conditions, directions and  instructions  as  in its judgment the free and perfect use of any such canal or feeder may  require.    Whenever  any  street  railroad shall cross over any bridge spanning a  canal, or canal feeder, the company owning,  maintaining  and  operating  the  same, shall be deemed liable for and shall pay all damages that may  occur or arise, either to the state or to  persons,  by  reason  of  its  laying and maintaining its tracks or rail over, upon and across any such  bridge, or by reason of the operation of its cars over the same; and any  such  company shall, upon demand of the corporation, make any repairs to  such structure to insure the continued safety  thereof,  as  shall  have  been  rendered necessary by reason of such use of said structure by said  company. Any company maintaining or operating a  street  railroad  over,  upon  and across any such bridge shall indemnify the state including the  corporation against any and all loss, damages or claims for damages  for  injuries to persons or property of passengers which shall be incurred by  or  made  against such state by reason of the operation of such railroad  over any such bridge, and the or corporation  may,  in  its  discretion,  require  any  company  so  maintaining or operating a street railroad to  furnish a bond, with sureties to be approved  by  it  to  indemnify  the  state including the corporation from all such loss, damage or claim. All  such permits heretofore or hereafter granted shall be revocable whenever  the  free and perfect use of any such canal or feeder may so require, or  if such railroad company shall  fail  to  make  any  such  repairs  when  required by the corporation. The railroad company using or occupying any  bridge  over  the same shall, within a reasonable time after the service  upon it, by the corporation of a written notice of such  revocation,  or  to  make  such repairs, remove at its own cost and expense, its railroad  from such bridge and from the limits  of  ten  rods  of  said  canal  or  feeder.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cal > Article-10 > 101

§  101.  Railroads operating over canals. The corporation shall have a  general supervisory power over so much of any railroad  as  passes  over  any canal or feeder belonging to the state or approaches within ten rods  thereof, so far as may be necessary to preserve the free and perfect use  of  such  canals  or feeders, or for making any repairs, improvements or  alterations thereupon.  No  railroad  corporation  shall  construct  its  railroad  over  or  at  any place within ten rods of any canal or feeder  belonging to the state, unless it submits to the corporation a map, plan  and profile of such canal or feeder and of the route designated for  its  railroad,  exhibiting  distinctly and accurately the relation of each to  the other at all the places within the limits of ten rods  thereof,  and  obtains  the  written permission of the corporation for the construction  of such railroad, with such conditions, directions and  instructions  as  in its judgment the free and perfect use of any such canal or feeder may  require.    Whenever  any  street  railroad shall cross over any bridge spanning a  canal, or canal feeder, the company owning,  maintaining  and  operating  the  same, shall be deemed liable for and shall pay all damages that may  occur or arise, either to the state or to  persons,  by  reason  of  its  laying and maintaining its tracks or rail over, upon and across any such  bridge, or by reason of the operation of its cars over the same; and any  such  company shall, upon demand of the corporation, make any repairs to  such structure to insure the continued safety  thereof,  as  shall  have  been  rendered necessary by reason of such use of said structure by said  company. Any company maintaining or operating a  street  railroad  over,  upon  and across any such bridge shall indemnify the state including the  corporation against any and all loss, damages or claims for damages  for  injuries to persons or property of passengers which shall be incurred by  or  made  against such state by reason of the operation of such railroad  over any such bridge, and the or corporation  may,  in  its  discretion,  require  any  company  so  maintaining or operating a street railroad to  furnish a bond, with sureties to be approved  by  it  to  indemnify  the  state including the corporation from all such loss, damage or claim. All  such permits heretofore or hereafter granted shall be revocable whenever  the  free and perfect use of any such canal or feeder may so require, or  if such railroad company shall  fail  to  make  any  such  repairs  when  required by the corporation. The railroad company using or occupying any  bridge  over  the same shall, within a reasonable time after the service  upon it, by the corporation of a written notice of such  revocation,  or  to  make  such repairs, remove at its own cost and expense, its railroad  from such bridge and from the limits  of  ten  rods  of  said  canal  or  feeder.