in this section, or by virtue of the general laws of the state, may be filed for record in like manner and with like effect. § 3705. Crossing highways or watercourses. When it shall be necessary for the construction of a railroad to intersect or cross any watercourse not navigable, or any public highway, the company may construct such railroad across or upon the same if the commissioners shall judge it necessary, and authorize it by their order. Such company shall restore such watercourse or highway to its former state, or in a manner not to impair its usefulness. In case any highway is so located that such railroad cannot be judiciously constructed across or upon the same without interfering therewith, such company may, with the consent of the commissioners, cause such highway to be changed or altered, so that such railroad may be constructed on the best site. Such company shall put such highway in as good situation and repair as it was in previous to such alteration, under the direction of the commissioners, whose determination thereon shall be final. § 3706. Appeals. When any such company shall be authorized by an order of the commissioners to cross any pond, stream, or watercourse not navigable, an appeal shall be allowed to any interested person aggrieved by such order, to any judge of the superior court, within twenty days after the owners of the land adjoining such stream at the point of such crossing shall have had actual notice of said order. Said appeal shall be by a written petition for a hearing in regard to the order, with a citation attached thereto, returnable within twelve days after its date and served upon such company at least five days before the return day. For the purpose of disposing of said appeal, said judge shall have all the powers of the superior court, and may proceed, by himself or by committee, to a hearing, and may either confirm said order or make such different order concern § 8705. Excavations or embankments made by railroad company, affecting value of adjoining property, are a ground for damage. 21 C. 309; 22 C. 87. The location of the substituted highway by commissioners is not subject to review. 27 C. 146. If company fails to restore highway it must indemnify town if town becomes liable for defect. 27 C. 158. Company liable for injury arising from culvert which it left uncovered in street. 29 C. 434. Where proper change of highway is once made, company is not bound to make further change by reason of increased travel. 45 C. 331. Where company built bridge, and injury resulted because borough raised highway beneath, company was not liable. 54 C. 591. Where municipal rights under charters and railroad rights under general statutes in streets conflict, railroad rights prevail. 66 C. 223. 1849. Rev. 1888, §8476. 1869. Rev. 1888, 8477 1871. Rev. 1888, $3479. 1849, 1883. Rev. 1888, $3480. 1895, ch. 2. ing such crossing or intersection as he may deem just and § 3707. Land may be taken for change of highway. § 3708. Construction of railroad over highway at grade restricted. Every company which may locate and construct a railroad across any highway shall construct it so as to cross over or under the same; and may, under the direction of the commissioners, raise or lower the same at such crossing, or change the location thereof; and shall make and maintain such bridges, abutments, tunnels, arches, excavations, embankments, and approaches, as the commissioners shall order, and the convenience and safety of the public travel upon such highway may require; but the commissioners may, upon due notice to such company and to the selectmen of the town or mayor of the city in which such crossing is situated, direct such company to construct its railroad at such crossing upon a level with the highway; but no such direction shall be given in any case except for special reasons which shall be recorded in the records of the commissioners. § 3709. Street railway crossings. No steam railroad § 8708. Change in highway wholly to save expense to company unauthor- City has no 57 C. 85. The 1888. § 3710. Construction of new highway crossing rail- Rev. 1888, $3481. road. Expense. When a new highway shall hereafter be constructed across a railroad, such highway shall pass over or under the railroad, as the commissioners shall direct. company operating such railroad shall construct such crossing to the approval of the commissioners, and may take land for the purposes of this section in the manner provided by law for the taking of land by railroad companies. One-half the expense of such crossing shall be borne by the company constructing the same, and one-half thereof shall be paid to said company by the town, city, or borough which constructs such highway. 1887. § 3711. Commissioners to direct as to bridge over Rev. 1888, §3489. railroad. When a highway is laid out, or ordered to be laid out, across a railroad, and the railroad commissioners shall direct such highway to be carried over the railroad, they shall determine the length, width, and material of the bridge over the railroad before the damages that may be occasioned to any person by the taking of land for such highway are finally assessed; and said commissioners may require such bridge to extend beyond the railroad crossed by it. No structure shall hereafter be constructed or reconstructed over and across any railroad until the commissioners shall have determined the length, width, material, and plan of such structure and its height above the roadbed of such railroad, and the necessity for such construction or reconstruction. 1897, ch. 70. 1869. See $2018. § 3712. Covered bridges. In all covered bridges con- Rev. 1888, $3500. structed on the line of any railroad, the distance between the top surface of the rail laid in the track on the bridge and the under side of the cross-beams overhead shall be at least eighteen feet. 1876, 1877. Rev. 1888, $8489. § 3713. Removal of grade crossings. The selectmen of any town, the mayor and common council of any city, the 1889, ch. 200, $1. § 8710. It is not a taking of property to compel a company to pay half the expense of a bridge to protect the public. 60 C. 6. Where highway crossing railroad at grade was commenced before this section was enacted, the act prevented its completion. 55 C. 69; 70 C. 390. Commissioners may decide whether highway is to go over or under railroad, before acceptance of report of committee to lay out highway. 59 C. 210. Layout of street across railroad, without notice or compensation, may be set up in defense when city seeks injunction against obstruction of street. 72 C. 225. § 3713. This section is a police regulation, and is constitutional. 57 C. 95; 58 C. 532. Entire expense may be imposed on company if facts warrant. 57 C. 167. The commissioners have sole original jurisdiction to determine warden and burgesses of any borough, within which a highway crosses or is crossed by a railroad, or the directors of any railroad company whose road crosses or is crossed by a highway, may bring their petition in writing to the railroad commissioners, alleging that public safety requires an alteration in such crossing, its approaches, the method of crossing, the location of the highway or crossing, the closing of a highway crossing and the substitution of another therefor, not at grade, or the removal of obstructions to the sight at such crossing, and praying that the same may be ordered; whereupon the commissioners shall appoint a time and place for hearing the petition, and shall give such notice thereof as they judge reasonable to such petitioners, the company, the municipalities in which such crossing is situated, and the owners of the land adjoining such crossing and adjoining that part of the highway to be changed in grade; and after such notice and hearing, the commissioners shall determine what alterations, changes, or removals, if any, shall be made and by whom made. If such petition is brought by the directors of a railroad company, or in behalf of any such company, the commissioners shall order the expense of such alterations or removals, including the damages to any person whose land is taken, and the special damages which the owner of any land adjoining the public highway shall sustain by reason of any such change in the grade of such highway, to be paid by the company owning or operating the railroad in whose behalf the petition is brought; and in case such petition is brought by the selectmen of any town, the mayor and common council of any city, or the warden and burgesses of any borough, they may, if the highway affected by said determination was in existence when the railroad was constructed over it at grade, or if the layout of the highway was changed for the benefit of the railroad after the layout of the railroad, order an amount not exceeding one-quarter of the whole expense of such alteration, change, or removal, including the damages, as aforesaid, to be paid by the town, city, or borough in whose behalf the petition is brought, and the remainder of the expense shall be paid by the company owning or operating the road which crosses such public highway; Pro whether public safety requires a change in a grade crossing. 59 C. 402. vision for abolishing one grade crossing a year for every sixty miles of road is a police regulation binding corporation; it operates as an amendment to its charters without its consent. 62 C. 527. Damages resulting from closing street are a part of expense mentioned in this section. 66 C. 226. In removing grade crossing, commissioners may authorize location of abutment in highway. 70 C. 305. if, however, the highway affected by such last-mentioned order has been constructed since the railroad which it crosses at grade, the commissioners may order an amount not exceeding one-half of the whole expense of such alteration, change, or removal, including the damages, as aforesaid, to be paid by the town, city, or borough in whose behalf the application is brought, and the remainder of the expense shall be paid by the company owning or operating the road which crosses such public highway. The directors of every company which operates a railroad in this state shall remove or apply for the removal of at least one grade crossing each year for every sixty miles of road operated by it in this state, which crossings so to be removed shall be those which in the opinion of said directors are among the most dangerous upon the lines operated by it; and if the directors of any railroad company fail so to do, the commissioners shall, if in their opinion the financial condition of the company will warrant, order such crossing or crossings removed as in their opinion the said directors should have applied for the removal of under the above provisions, and the commissioners in so doing shall proceed in all respects as if the said directors had voluntarily applied therefor. 1884. 3. § 3714. Commissioners may order removal of cross- Rev. 1888, $3483 ings. The railroad commissioners may, in the absence of any 1899, ch.230, §§2, application therefor, when in their own opinion public safety requires an alteration in any highway crossed at grade by a railroad, or by railroads belonging to or operated by more than one company, after a hearing had upon such notice as they shall deem reasonable to the company or companies owning or operating such railroad or railroads, and to the selectmen of the town, mayor of the city, or warden of the borough, within which such highway is situated, and to the owners of the land adjoining such crossing, order such alterations in such highway as they shall deem best, and shall determine and direct by whom such alterations shall be made, at whose expense, and within what time; provided, that in all cases arising under this section, onefourth of the expense, including damages and special damages as aforesaid, shall be paid by the state, and the remainder shall 8714. Commissioners may order new highway, if rendered necessary by change in old. 59 C. 407. Commissioners may order two converging highways joined so as to make a single grade crossing. 53 C. 367. Removal of crossing held to be made pursuant to commissioners' order, though enforced by mandamus. 72 C. 276. |