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This entry was published on 2014-09-22
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SECTION 101
Railroads operating over canals
Canal (CAL) CHAPTER 5, ARTICLE 10
§ 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.