1893, ch. 169, $5.

1863.

Rev.1888, §§8597,

first day of January, 1893, has been, or hereafter shall be, authorized by its charter, or by an amendment thereto, to construct its railway in any highway, has not or shall not have constructed its railway in such highway on or before the close of the second regular session of the general assembly after that at which such authority was or shall be granted, all right of such company to lay its tracks in such highway shall thereupon cease; provided, however, that the right, in any highway or part of a highway, of any street railway company under any charter or amendment thereto granted prior to 1893, if such company has constructed part of its railway before said date, shall not cease because of the delay of such company to construct its railway in such highway, if such company shall construct its railway in such highway within two years from the time when the municipal authorities of the town, city, or borough in which such highway is located shall have notified such company so to do.

§ 3836. Failure to operate railway. If any such company shall discontinue the operation of its railway in any highway or portion of a highway, or, having constructed its railway thereon, shall not begin to operate the same within a reasonable time thereafter, the mayor and court of common council of any city, the selectmen of any town, or the warden and burgesses of any borough, within whose respective jurisdictions such discontinuance or failure to operate shall occur, may order such company, in writing, to operate such part of its railway within thirty days from a date named in such order. On failure to comply with said order, all right of such company to occupy such highway or portion thereof, or to keep or operate its railway in such highway or portion thereof, shall cease; and such company shall immediately thereafter remove its tracks and fixtures from such highway, and put such highway or portion thereof in good condition for public travel. In case such company shall fail to remove such tracks and fixtures and put such highway or portion thereof in good condition for public travel, such town, city, or borough may cause such tracks and fixtures to be removed, and such highway to be put in good condition for public travel, and may recover the expense thereof from such company in an action on this statute.

§ 3837. Company to repair highway. Every such com3598. pany shall keep so much of the highway as is included within its 1993, ch. 169, §6. tracks, and a space of two feet on the outer side of the outer rails

thereof in repair, to the satisfaction of the authorities of the city, town, or borough, which is bound by law to maintain such highway. Such authorities shall not order such company to use any better or more expensive kind of pavement or material for that part of the highway which it is the duty of such company to keep in repair, than is used by the town, city, or borough upon the remaining width of the highway, except for a space of one foot on each side of each rail, unless such better or more expensive kind of pavement or material was required in the order permitting the original location of such railway on such highway. Such municipal authorities shall keep a record of all orders as to such repairs, and shall serve copy thereof upon such company, and every such order shall state the time within which repairs are to be completed, which time shall not be less than thirty days from the service thereof. Upon failure of such company to make the required repairs within the time fixed by the order, such repairs may be made by the municipal authorities interested, and the expense thereof recovered from the company in an action on this statute.

1863. Rev. 1888, $8597.

§ 3838. Damage from defect which company should repair. Any person injured in person or property, by reason of 1893, ch. 169, $9. any defect in that part of the highway which any street railway company is bound to keep in repair, may bring his action therefor against both such company and the town, city, or borough which is bound to keep such highway in repair, and any judgment recovered in such action shall run against both of such defendants. Such company shall, however, pay such judgment and save the other defendant harmless therefrom, unless the court, or the jury, if the case is tried to the jury, before whom the action is tried, shall find that such defect was due in whole, or in part, to the negligence of such city, town, or borough, in which case the court or the jury shall find and adjudge how much of the judgment shall be paid by the municipality without reimbursement from such company. The fact that such company has kept its part of the highway in repair to the satisfaction of the municipal authorities shall not operate to shift the responsibility for injuries occurring by reason of defects therein from such company to the municipality.

§ 3839. Municipal liability limited; lien. Such town, 1893, ch.169, §10. city, or borough shall not be liable for the payment of any judg

1893, ch. 169, §7. Bee $3845.

1909, ch. 208.

ment which, under § 3838, should be paid by the railway company, unless, within sixty days after the rendition of such judgment, demand shall be made upon such town, city, or borough for such payment upon a lawful execution. If any town, city, or borough shall be compelled to pay any portion of any such judgment, the first selectman of such town, the mayor of such city, or the warden of such borough, shall, within thirty days after such payment, file for record, in the office of the town clerk of the town within which such highway is situated, a certificate showing the court by which such judgment was rendered, the date of such judgment, the amount paid by such town, city, or borough, and that such town, city, or borough, claims a lien upon the tracks, fixtures, and other property of such company situated in such town, city, or borough, for the payment of such sum with lawful interest. Such sum and interest shall thereupon become a lien upon all the tracks, fixtures, and property of such company situated in such town, city, or borough, and shall take precedence of all other incumbrances, and may be enforced and collected in the same manner as tax liens.

§ 3840. Transportation of merchandise. Every such company may transport both persons and property, but in the transportation of property, other than such small packages and baggage as are carried by passengers, shall be subject at all times to such regulations as may be prescribed by the superior court or any judge thereof, upon the application of such company or of any person interested in such transportation, or of any town, city, or borough in which such railway is located, upon such notice as said court or judge shall deem reasonable. Any orders made by said court or judge may extend to and control such traffic over the whole line of such company, whether the same be in one county or in more than one, or may be confined to any part of such railway, in the discretion of said court or judge; and any order so made may, upon a subsequent application by such company or any person interested, or by any such town, city, or borough, be modified or rescinded by said court or judge, upon such notice as said court or judge may direct.

Taxation of corporations doing an express business wholly on lines of electric railway. Section one of chapter 264 of the public acts of 1905 as amended by chapter 268 of the public acts of 1907 is hereby amended to read as follows:

Every corporation, person, or partnership conducting an express business wholly on lines of electric railways within this state, shall annually, within the first ten days of October, deliver to the tax commissioner a statement, sworn to by such person, or, in case of a corporation or partnership, by its treasurer or other accredited officer or agent, showing the gross receipts of said corporation, person, or partnership for its express business conducted wholly on the lines of electric or street railways within this state during the year preceding the first day of July then last past; and each such corporation, person, or partnership shall annually, within the first twenty days of October, pay to the state two per centum of such gross receipts, which sum shall be in lieu of all other taxes upon the property of such corporation, person, or partnership used in the conduct of such express business.

§ 3842. Cars to stop at drawbridge; penalty. All cars of any street railway company shall be brought to a full stop at a distance of not less than one hundred and fifty feet, nor more than two hundred feet, from the draw in every drawbridge upon the line of its road over which such cars are to run, before being run upon or over such draw, and such cars shall remain at a full stop until such draw is closed and securely fastened. Every person directing or operating any street railway car, who shall violate the provisions of this section, shall be fined not more than one hundred dollars or be imprisoned not more than three months; and the president and directors of any street railway company, who shall knowingly permit any violation of the provisions of this section, shall be fined five hundred dollars.

1901, ch. 127.

1901, ch. 156, §6.

§ 3843. Appeal by adjoining owner. Whenever the war- 1895, ch. 283, §2. den and burgesses of any borough, the mayor and common council of any city, or the selectmen of any town, shall determine the location of the track of any street railway as to grade or the center line of the highway through which the same passes, any owner of land fronting on such highway, aggrieved by the location of said track or tracks as to grade or the center line of the highway in front of the premises owned by him, may appeal to the railroad commissioners from the decision, direction, or order locating such track or tracks, within thirty days after the making of said decision, direction, or order. Said appeal shall

1893, ch.169, §13. 1897, ch. 105.

1909, ch. 101.

1897, ch. 37.

be taken in the same manner and proceeded with in all respects as provided for in § 3832 for appeals of street railway companies, except that said commissioners shall order a notice to be given to the street railway company similar to that required in said section to be given to municipal authorities.

§ 3844. Company may purchase land for layout. Any street railway company organized under the laws of this state, with power to build and operate its railway in any highway, shall have power to purchase land, to enable such company, in the building and operation of its railway, to avoid heavy or inconvenient grades, or to render the operation of such railway more feasible and advantageous; and may construct and operate its railway over land so purchased; provided, that such company shall not by so doing substantially change the course and direction of its railway.

Railroad may make alterations for public safety. Whenever any street railway is located and constructed in part on private way, upon the written petition of the selectmen of any town, the mayor and common council of any city, or the warden and burgesses of any borough in which such private way is situated, or of the company owning or operating such railway, the railroad commissioners, after reasonable notice of the time. and place of hearing thereon shall have been given to the petitioners, the company, and the persons interested in the land adjoining such private way, shall find that public safety and convenience require an alteration in such location, the company owning such railway may so far alter such location as to change the radius of its curves, the width of its layout, it slopes and embankments, may straighten and improve its lines and extend its lines of sight, and, with the written approval of said commissioners prescribing the extent, may take land for such purposes in the manner provided in section 3687 of the general statutes.

§ 3845. Passenger car regulations. All such companies may make and enforce reasonable regulations concerning the kind and size of packages and baggage which may be brought into passenger cars, concerning the use of seats and passageways in cars.