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Penalty for
neglect to
repair defec-
tive track,
etc.

SECTION 586. Whoever, being the superintendent or
other executive officer of a company operating a railroad,
receives from the railroad commission notice of a pre-
scribed rate of speed for trains passing over a defective
track, bridge or other structure, or forbidding the running.
of passenger trains over such defective track, bridge or
other structure, neglects for two days after receiving such
notice to direct the proper subordinate officers to run the
passenger trains over such defective track, bridge or other
structure, at a speed not greater than that so prescribed,

or, if the running of a passenger train is so forbidden, to stop running passenger trains over it, or, an engineer, conductor or other employe who knowingly disobeys such order shall be fined not exceeding five hundred dollars or imprisoned in the county jail not exceeding one year, or both. (R. S. Sec. 247.)

For the blocking of frogs, see G. C. 9009.

Cited Railway v. Hydell, 2 O. C. C. (N. S.) 363, 15 O. C. D. 579 (reversed in Hydell v. Railway, 74 O. S. 138).

SECTION 587. If the company operating such road neglects or without good cause fails to make the repairs or reconstruction prescribed by the commission within the time limited by it, for each day that such repairs or reconstruction is delayed beyond the time prescribed, such company shall forfeit and pay to the state the sum of one hundred dollars. (R. S. Sec. 247.)

For the blocking of frogs, see G. C. 9009.

Cited Railway v. Hydell, 2 O. C. C. (N. S.) 363, 15 O. C. D. 579 (reversed in Hydell v. Railway, 74 O. S. 138).

SECTION 588. If, in its opinion, the public safety requires that a gate or gates, automatic alarm-bell, or other mechanical device be erected and maintained at any place where a public road or street is crossed at the same level by a railroad, and the crossing has been declared by the commission to be dangerous, or the public safety requires that a flagman be stationed and maintained at such dangerous crossing, the commission shall give the superintendent, manager or other officer in charge of such railroad, a written notice of what is required, and such company, person or corporation owning or operating such railroad shall erect such mechanical device or station such flagman within the time prescribed by the commission. (R. S. Sec. 247a.)

Cited Railway v. Hydell, 2 O. C. C. (N. S.) 263, 15 O. C. D. 579 (reversed in Hydell v. Railway, 74 O. S. 138).

A rairoad company can be required to station a flagman at a railroad crossing only when it is found that such crossing is dangerous to the public: Transit Co. v. Railroad, 7 O. C. C. (N. S.) 199, 18 O. C. D. 36.

If a railroad company is given the right to run its trains over a street crossing on condition that a flagman be stationed there, the expense of such flagman can not be placed upon a traction company whose track is situated in such street, even if the predecessor of such traction company crossed such railroad under an agreement to pay "all costs and expenses which may be lawfully required of the parties hereto by the authorities of such village of Barberton, or of the State of Ohio, for maintaining flagman at such crossing": Transit Co. v. Railroad, 7 O. C. C. (N. S.) 199, 18 O. C. D. 36.

Forfeiture in cases of non

compliance.

Gates, bells, devices, or flagmen at crossing.

Forfeiture for failure to comply with notice of

SECTION 589. Any person, company, or corporation neglecting or refusing to erect or maintain such gate or gates, automatic alarm-bell or other mechanical device, or to maintain such flagman, when required by the commis- commission. sion, shall forfeit and pay to the state, for every such neg

3 B. OF P. S.

Regulations as to gates, bells, and devices.

Cost of gates, bells, and devices in certain cases.

When engines or trains may pass crossings without stopping.

(R.

lect or refusal, one hundred dollars, and in addition ten
dollars for each day such neglect or refusal continues.
S. Sec. 278a. R. S. Sec. 247a.)

Cited : Railway v. Hydell, 2 O. C. C. (N. S.) 363, 15 O. C.
D. 579 (reversed in Hydell v. Railway, 74 O. S. 138).

SECTION 590. All gates, bells or devices erected under the direction of the commission shall be built within the time, in the manner and of materials approved by the commission. Such gates shall be located in the highway or street on one or both sides of the railroad track or tracks, as the commission deems the public safety requires, and shall be so constructed that when closed, they shall obstruct or prevent passage across such railroad or railroads from the side on which a gate is located. Such bell must be so constructed that it will ring before the approach of every train of cars or locomotive within three hundred feet or more of such crossing, and continue to ring until such train or locomotive has reached the crossing. A person shall be in charge of such gate who shall close it at the approach of each train or locomotive, and keep it open at all other times. If an automatic bell, or other mechanical device is required at such crossing, the railroad shall keep such bell or device at all times in good working order, and for every neglect of duty imposed by this section such railroad shall forfeit and pay the sum of twenty-five dollars. (R. S. Sec. 247b.)

Cited Railway v. Hydell, 2 O. C. C. (N. S.) 363, 15 O. C. D. 579 (reversed in Hydell v. Railway, 74 O. S. 138).

SECTION 591.

When two or more railroads cross a public highway or street at a dangerous crossing, the expenses incurred in the erection and maintenance of gates, bells or other device, and of necessary gate-keepers or flagmen shall be shared equally by such railroads; but nothing in this chapter shall prevent the use of automatic bells or other mechanical device by a railroad at a public crossing not declared dangerous by the commission. If a gate is erected or a flagman is stationed and maintained by a railroad, such gate or flagman shall not be abandoned nor an automatic bell or other mechanical device substituted therefor. (R. S. Sec. 247b.)

Cited Railway v. Hydell, 2 O. C. C. (N. S.) 363, 15 O. C. D. 579 (reversed in Hydell v. Railway, 74 O. S. 138).

SECTION 592. When two or more railroads, or a railroad and an electric railroad, erect a system of interlocking works or fixtures at the place where such railroads cross each other at a common grade, or when a railroad erects such works or fixtures at a swing or draw-bridge where it crosses a stream, and such works or fixtures render it safe for engines or trains to pass over such crossing or bridge without stopping, such railroad or railroadas may run en

gines or trains over such works or fixtures without stopping, and any law to the contrary shall not apply in such case; but such system of interlocking works or fixtures shall have been approved by the commission, and a plan thereof shall have been prepared by such railroad or railroads and filed with the commission. (92 v. 315 § 1.)

See G. C. 8826, 8827 and 8833.

A compliance with this section authorizes a railroad company to run its trains and engines over such crossing or bridge without stopping: Railway v. Railway, 5 O. N P. 83, 7 O. D. (N. P.) 558.

locking works or fixtures.

SECTION 593. If in its opinion any such system of in- Unsafe interterlocking works or fixtures proves to be unsafe or impracticable, the commission may order that no engines or trains shall pass over any such crossing or bridge without stopping, and the laws regulating the running of engines and trains shall apply. Before such order is made or enforced the commission shall give such railroad or railroads opportunity to be heard as to the propriety of the order. (92 v. 315 § 1.)

See G. C. 8826, 8827 and 8833.

SERTION 594. When two steam railroads, a steam railroad and an interurban, electric or street railway, two inter-urban railroads, or a steam or electric railroad and a street or highway cross at grade, if, in its opinion, public safety requires protection, the railroad commission, upon its own motion or upon complaint, after notice to the railroads interested and full investigation, may make an order requiring the railroads so intersecting and crossing to install such device or devices as in the opinion of the commission will properly protect such crossing. (99 v. 390 § 2.)

Cited Hydell v. Railway, 74 O. S. 138; Railway v. Railway,

5 O. N. P. 83, 7 O. D. (N. P.) 558.

For the duty of the common pleas court with reference to grade crossings, see G. C. 8834 to 8842.

SECTION 595. The railroad commission may make any further or other orders regulating the speed and running of trains or of cars and the switching of cars over such crossing or street, and it shall apportion the expense of installation or maintenance of such device or devices between the railroad companies whose tracks are thus protected. (99 v. 390 § 2.)

Cited Hydell v. Railway, 74 O. S. 138; Railway v. Railway, 5 O. N. P. 83, 7 O. D. (N. P.) 558.

SECTION 596. At the time and place named for hearing, unless continued for good cause, the railroad commission shall try the question of whether or not such crossing shall be protected by inter-locking or other safety devices

Safety devices at grade crossings.

Commission may make crossing.

order as to a

Hearing as to necessity device.

of safety.

What order

shall contain.

and shall give all companies or parties interested an apportunity to be fully heard. (99 v. 390 § 2.)

Cited Hydell v. Railway, 74 O. S. 138; Railway v. Railway, 5 O. N. P. 83, 7 O. D. (N. P.) 558.

SECTION 597. After such hearing, the railroad comof commission mission shall enter upon a record book or docket kept for that purpose an order granting or denying the petition. In case the petition is granted, such order shall prescribe the inter-locking or other safety devices for such crossing and all other matters deemed proper for the efficient protection of such crossing, the proportion of the cost of construction and of the expense of maintaining and operating such device which each company or person concerned shall pay. The order shall also fix the time within which such appliance shall be put in and the time within which such order shall be complied with. (99 v. 390 § 2.)

Compulsory interlocking.

Crossing without stopping.

Cited Hydell v. Railway, 74 O. S. 138; Railway v. Railway, 5 O. N. P. 83, 7 O. D. (N. P.) 558.

SECTION 598. If a railroad or electric railroad with its track or tracks shall cross at grade the track or tracks of a railroad or electric railroad previously constructed, the former shall provide at such crossing interlocking works or other fixtures satisfactory to the commission, and pay the costs of such fixtures and the expenses of installing them. The maintenance and operation thereof shall be apportioned equally between the railroads by the commission; but this section shall not apply to crossings of side-tracks only. (93 v. 334 § 3.)

This section does not apply to cases where a street railroad crosses a steam railroad at grade, nor to cases where an interurban railroad crosses a steam railroad at grade; such crossings are controlled by G. C. §§ 3775, 9124, 9126: Railway v. Railway, 21 O. C. 391, 12 O. C. D. 113.

This section does not require one railroad, which seeks to cross another at grade, to put in an interlocking system, but merely to interlock or attach the tracks at such crossing in such manner as may be prescribed by the proper authority: Railway v. Railway, 5 O. N. P. 83, 7 O. D. (N. P.) 558.

This section in the form in which it appears in R. S. 247f, is held not to apply to the crossing of one interurban railroad over another: Railway v. Traction Co., 1 O. N. P. (N. S.) 218, 14 O. D. (N. P.) 17 (affirmed in Railway v. Traction Co., 4 O. C. C. (N. S.) 329, 16 O. C. D. 1).

SECTION 599. Whenever interlocking works or other fixtures are constructed and maintained in compliance with law by railroads and electric railroads where such road or roads cross each other, engines and trains of cars of an electric railroad may be run over such crossing without stopping; any law to the contrary shall not apply to such case. (92 v. (92 v. 316 § 4.)

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