RAILROAD LAWS, 1889. Chapter 216. An Act relating to the Protection of Railroad employes at frogs and guard rails. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: rails to be protection of SEC. 1. Every railroad corporation operating Frogs and guard a railroad or part of a railroad in this state, shall, blocked for before the first day of January, in the year eighteen employes. hundred and ninety, adjust, fill or block the frogs and guard rails on its track, with the exception of guard rails on bridges, so as to prevent the feet of the employes from being caught therein. This work shall be done to the satisfaction of the railroad commissioners. failure to com SEC. 2. Any railroad corporation failing to Penalty for comply with the provisions of this act, shall be ply with act. punished by a fine of not less than one hundred dollars, nor more than five hundred dollars. Approved February 23, 1889. Chapter 261. An Act to amend sections seventy-three and seventy-four of chapter fifty-one of the Revised Statutes, relating to disorderly conduct on Railroad Trains. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SEC. 1. Section seventy-three of chapter fifty-one of the Revised Statutes, is hereby amended by adding after the word "cars," in the second line of said section the words 'or street railroad car,' so that said section as amended, shall read as follows: Sec. 73, c. 61, 'SEC. 73. Whoever behaves in a disorderly or R. S., amended. riotous manner while on any train of railroad cars or street railroad car, or uses indecent or profane language in such car, is guilty of a breach of the peace, and shall be fined not less than five nor more than five hundred disorderly con- dollars, or imprisoned in jail not less than thirty days nor more than one year, in addition to any other penalty provided by law.' Penalty for duct on railroad or street cars. SEC. 2. Section seventy-four of chapter fifty-one of the Revised Statutes, is hereby amended by adding after the word "railroad," in the first line the words 'or street railroad car,' so that said section as amended, shall read as follows: ed. Sec. 74, amend- 'SEC. 74. The conductor of a train of cars on any railroad or street railroad car, may arrest and temporarily Conductor may hold any person guilty of such breach of the peace, such offender. until a warrant can be obtained, or he can be placed in custody of the proper officers of the law.' arrest and hold Approved March 6, 1889. Chapter 267. An Act to create a lien on Railroad Ties and Ship Knees. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: ties and ship Lien on railroad SEC. 1. Whoever labors in the manufacturing knees created, of railroad ties and ship knees, or is engaged in in favor of same. persons hauling cooking for persons engaged in such labor, or furnishes a team for the hauling of said railroad ties and ship knees, has a lien on said railroad ties and ship knees for the amount due him for his personal labor thereon, or that of his team, which takes precedence of all other claims, except liens reserved to the state. Said lien shall continue for thirty days after said railroad ties are on the line of a railroad, or after said ship knees are delivered in a ship yard. Shall continue thirty days. R. S., made SEC. 2. Section forty-two of chapter ninety- Sec. 42, c. 91, one of the Revised Statutes, is hereby made appli- applicable. cable to suit brought to enforce the foregoing lien. Approved March 7, 1889. Chapter 275. An Act relating to heating and lighting passenger cars on railroads Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SEC. 1. No Method of heating cars shall be R. passenger, mail or baggage car on any railroad in this state shall be heated by any approved by method of heating or by any furnace or heater, R. commis. unless such methods or the use of such furnace or heater shall first have been approved in writing by the board of railroad commissioners; provided, however, that in no event shall a common stove be allowed in any such car, Common stove and provided also, that any railroad corporation used. may, with the permission of said board, make such experiments in heating their passenger cars as said board Experiments may deem proper. shall not be may be permitted. naphtha SEC. 2. No passenger car on a railroad shall be Lighting by lighted by naphtha nor by an illuminating oil or prohibited. fluid made in part of naphtha, or which will ignite at a temperature of less than three hundred degrees Fahrenheit. SEC. 3. Any railroad corporation violating any Penalty for of the provisions of this act, shall forfeit a sum not exceeding five hundred dollars. Approved March 8, 1889. violation. Chapter 282. An Act additional to and amendatory of chapter three hundred and ten and three hundred and twelve of Laws of eighteen hundred and eighty-five, relating to Railroad Crossings. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Sec. 27, c. 18, R. S, as amended by SEC. 1. Section twenty-seven of chapter eighteen as amended by chapter three hundred and ten of laws of eighteen hundred and eighty-five, is hereby amended, so as to read as follows: c. 310, laws of 1885, further amended. Ways crossing railroad tracks, conditions of crossing to be determined by R. R. commissioners. 'SEC. 27. Town ways and highways may be how laid out. laid out across, over, or under any railroad track, in the same manner as other town ways and highways, except that before such way shall be constructed, the railroad commissioners, on application of the municipal officers of the city or town wherein such way is located, or of the parties owning or operating the railroad, shall upon notice and hearing, -manner and determine whether the way shall be permitted to cross such track at grade therewith or not, and the manner and condition of crossing the same, and the expense of building and maintaining so much thereof as is within the limits of such railroad shall be borne by such railroad company, or by the city or town in which such way -expense of is located, or shall be apportioned between such company and city or town, as may be determined by said railroad commissioners. Said commissioners shall -commission- make a report in writing of their decision thereto S. J. court. upon to the supreme judicial court at its next succeeding term to be held in the county wherein such crossing is situated, and shall also make a report of such rulings, proofs, and proceedings as either party desires, or as they deem necessary for a full understanding of the case. building, how borne. ers shall report Presiding justice may The presiding justice at such term of court may accept, reject, or recommit said report, or send report or send the case to a new commission, or make such other accept, reject or recommit case to a new commission, etc.order or decree as law or justice may require, and to his ruling or order, either party may file exceptions. The |
