§ 23. Highway exempted. No railroad shall be constructed, maintained
or operated and no railroad tracks shall be laid upon the state road
known as the Buffalo and White's Corners plank-road in the county of
Erie, where none now exists, excepting such as may be necessarily laid
for the purpose only of crossing said highway. The provisions of this
section shall not affect any consents granted prior to the eighteenth
day of April, nineteen hundred and five, or any rights acquired for the
construction of any such railroad.