G. S. 1875, 328, $29.

Appeals from

or highway thus intersected to its former state, or in a sufficient manner not to impair its usefulness; and in case any highway is so located that said railroad cannot be judiciously constructed across or upon the same without interfering therewith, said company may, with the consent of said commissioners, cause such highway to be changed or altered, so that said railroad may be made on the best site for that purpose; but said company shall put such highway in as good situation and repair as it was previous to such alteration under the direction of said commissioners, whose determination thereon shall be final.

SEC. 3477. When any railroad company shall be authorized by the Railroad Commissioners to cross any order authoriz- stream of water, or water-course, not navigable, or pond ing the crossing of non-navi- of water, an appeal shall be allowed to any interested gable streams. person aggrieved by such permission, to any judge of the Superior Court, within twenty days after the owners of the land adjoining said stream, at the point of said crossing, shall have had actual notice of the manner in which said commissioners have permitted said stream to be crossed; which appeal shall be by a suitable petition, in writing, for a hearing in regard to the crossing, with a citation attached thereto, returnable within twelve days after its date, and served at least five days before the return day, upon such company. And said judge shall have for the purpose of disposing of said appeal, all the powers of the Superior Court. and may proceed, by himself, or by committee, to a hearing in regard to the propriety of said manner of crossing; and may render a decree either establishing more and sufficient water. way at the place of crossing, or providing such method of crossing that the usefulness and safety of said stream may be preserved, and that the safety of the public may not be endangered; or may confirm said mode of crossing; and if said alteration is so decreed may award costs Award of costs. against said company; and if said mode of crossing is confirmed, may award costs against the appellants, and may issue execution in favor of either party for costs to be taxed as in civil actions in court. Said appeal shall be a supersedeas, so far as said crossing is concerned, until judgment shall be rendered theron by said judge.

G. S. 1875, 324, $ 31.

Warning boards at grade crossings.

G. S. 1875, 324, $32.

SEC. 3478. Every railroad company shall keep and maintain at each crossing at grade of any highway, at which there is no gate, warning-boards of such a description as the Railroad Commissioners may approve.

SEC. 3479. When any highway or street shall be changed or altered by any railroad company with the

consent of the Railroad Commissioners, and it shall be Right of way for highwa s necessary to take any land for a highway to which such for railroads, company has not obtained title, and over which neither how obtained, said company nor the town in which such change shall be made has any right of way, and said company is unable to agree with the owner thereof in regard to the amount of damages to be paid therefor, the same proceedings shall be had for the purpose of procuring the required right of way as are provided by law in regard to taking land for railroad purposes.

Railroads to be

54 Conn., 574.

SEC. 3480. Every railroad company which may lo-1883, ch. 107 cate and construct a railroad across any turnpike, high- constructed so way, or public street, shall construct it so as to cross as not to cross highways at over or under the same; and may, under the direction grade, etc. of the Railroad Commissioners, raise or lower the same 39 Conn., 128. at said crossing, or change the location thereof; and shall make and maintain such bridges, abutments, tunnels, arches, excavations, embankments, and approaches, as the Railroad Commissioners shall order, and the convenience and safety of the public travel upon said turnpike, highway, or street may require; but the Railroad Commissioners may, upon due notice to said company and to the selectmen of the town or mayor of the city in which said crossing is situated, direct such company or trustee to construct its railroad at such crossing upon a level with the turnpike, highway, or street; but no such direction shall be given in any case except for special reasons which shall be recorded in the records of the Railroad Commissioners.

19.

SEC. 3481. When a new highway or a new portion of 1883, ch. 107. New highway a highway shall hereafter be constructed across a railcrossing railroad, such highway or portion of highway shall road, how conpass structed. over or under the railroad, as the Railroad Commission- 55 Conn., ers shall direct. The railroad company operating such railroad shall construct such crossing to the approval of the Railroad Commissioners, and may take land for the purposes of this section in the manner provided by law for the taking of lands by railroad companies. Onehalf the expense of such crossing shall be borne by the Expense, how company constructing the same, and one-half thereof shall be paid to said company by the town, city, or borough which constructs such highway or portion of highway. If said highway shall cross over said railroad, the structure necessary therefor shall be maintained and kept in repair by the party bound to maintain said highway; but if it shall cross under said railroad, such structure shall be maintained and kept in repair by said company.

defrayed.

1887, ch. 63. Railroad Com

missioners to direct as to structure of bridge over railroad.

1884, ch. 100. Alteration of highway crossed at grade.

53 Conn., 367.

1883, ch. 107. Taking of land

SEC. 3482. When a highway, or portion of a highway, has been or shall be 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, but in cases pending June first, 1887, said commissioners may determine the length, width, and material of such bridge at any stage of the proceedings.

SEC. 3483. The Railroad Commissioners may, when in their opinion public safety requires an alteration of any highway crossed at grade by a railroad, after a hearing had upon such notice as they shall deem reasonable to the railroad company owning or operating said railroad, and to the selectmen of the town, mayor of the city, or warden of the borough within which said highway is situated, and to the owners of the land adjoining said 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 no case shall more than one-half the expense be paid by the town, city, or borough aforesaid; and provided, that such alterations as are made at the primary instance of the Railroad Commissioners shall not be ordered at the rate of more than one a year on any one railroad, except in the case of railroads having a double track throughout their entire length. Railroad companies may take land for the purposes of this section, in the manner provided by law for the taking of lands by railroad companies.

SEC 3484. No lands shall be taken by any railroad for the purpose. company for the purpose mentioned in the preceding section, except such as are necessary, which necessity shall be certified by the Railroad Commissioners; but no such taking need be based upon any special finding that public necessity and convenience require such taking.

1884, ch. 100. Penalty for noncompliance.

SEC. 3485. Every railroad company which shall fail to comply with any provision of sections 3480, 3481, 3483, and 3484, shall forfeit to the town in which such crossing is situated, one hundred dollars for each and every month of such non-compliance. In each and every instance of such non-compliance the Railroad Commissioners shall give notice of all such forfeitures to said town, which shall collect the same.

way dangerous from proximity to railroad

SEC. 3486. When a railroad has been laid out or lo- 1884, ch. 106. cated so near to a highway and in the same general Change of highdirection, as, in the opinion of the selectmen of any town, warden of any borough, or mayor of any city, newly located. within which the said highway is situated, to endanger public travel, the said selectmen, warden, or mayor may bring their petition to the Railroad Commissioners, setting forth the same; and the said commissioners, after reasonable notice to the railroad company to appear and be heard in relation thereto, shall, if in their opinion public safety so requires and a change of the location of such highway is practicable, forthwith order said railroad company to make said change, in such manner as the Commissioners may determine; and such change, including the cost of fencing such re-located highway, shall be done at the expense of said railroad company.

heretofore con

SEC. 3487. In case any railroad has been heretofore 1884, ch. 106. Such highways contructed so near any highway in any town, city, or when the railborough as, in the opinion of the selectmen, mayor, or road has been warden, of such town, city, or borough, respectively, to structed. endanger public travel, said selectmen, mayor, or warden, may bring their petition to the Railroad Commissioners, who shall inquire into the facts, and, if in their judgment public safety so requires, may order the location of said highway to be changed, and determine by whom the work shall be done, and the expense of such change, including the cost of fencing, shall be paid equally by said town, city, or borough, and said railroad company.

way.

SEC. 3488. When the Railroad Commissioners, in 1884, ch. 106. Repairs and accepting the layout of any railroad company, have in maintenance of such acceptance, provided that portions of such railroad changed highshould not be constructed until certain highways should be re-located, changed, or altered by such railroad company, and the obligation of repairing or maintaining the whole or any part of such highways devolves by law upon any person or corporation other than the town, city, or borough, within which such highway may be located, such provision of said commissioners shall be binding upon said railroad company, and it shall be the duty of said railroad company to maintain and repair said highway so re-located, altered, or changed, in the same manner and to the same extent that such other person or corporation was bound to repair and maintain the same before such re-location, change, or alteration. For the purposes of this and the two preceding sections, land may be acquired in the manner provided by law for the taking of land by railroad companies. Any such rail

R. R.-C

road company may use the material and abutments of any existing bridge, in the old highway, in the construction of a bridge in the substituted highway, and shall provide suitable temporary accommodations for public travel over the old highway until the new highway is completed, and shall be solely responsible for injuries resulting from its negligence in the matter of such temporary accommodations. The selectmen of any such town are hereby authorized to discontinue such parts of the old highway as in their judgment are not of common convenience and necessity.

common

1876, ch. 36. SEC. 3489. The selectmen of any town, the mayor 1877, ch. 8. and Proceedings to council of any city, the warden and bursecure safety of gesses of any borough, within which a highway crosses highway at railroad cross- or is crossed by a railroad, or the directors of any railings. road company whose road crosses or is crossed by a highway, may bring their petition in writing to the Railroad Commissioners, therein alleging that public safety requires an alteration in such crossing, its approaches, the method of crossing, the location of the highway or railroad, or the removal of obstructions to the sight at such crossing, and praying that the same be ordered. Whereupon the Railroad Commissioners shall appoint a time and place for hearing the petition, and shall give such notice thereof as they judge reasonable, to said petitioner, the railroad company, and to the owners of the land adjoining such crossing, and after such notice and hearing, said commissioners shall determine what alterations or removals shall be made, by whom done, and at whose expense.

1876, ch. 36. Assessment of damages.

1876, ch. 36. 1877, ch. 8. Appeal.

SEC. 3490. In case the party by whom the changes are to be made cannot agree with the owner of the land or other property to be removed or taken under the said decision of the Railroad Commissioners, the damages shall be assessed in the same manner as is provided in case of land taken by railroad companies The expense of such assessment to be paid in the same manner as the expense of the alterations.

SEC. 3491. The decision of the commissioners shall be communicated to the petitioners, to the railroad company, and to the owners of any property directed to be removed or taken, within twenty days after final hear ing, and any person aggrieved by such decision may appeal therefrom in the same manner and with like effect as is provided in the case of appeals from any order of the Railroad Commissioners upon any proceedings relative to the location, abandonment, or changing of depots or stations.