quired to sink or install at least one well every twelve months, or on failure so to do shall forfeit the lease to all of such real estate except a parcel or parcels thereof, in the form of a parallelogram, and containing not to exceed ten acres in area, surrounding each well, together with the right of ingress thereto and egress therefrom.

Section 2 of the above act provides that the act be in force and effect from and after its passage.

CHAPTER 42.

CORPORATIONS-RAILROADS-ORGANIZATION.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

5187. Failure to elect directors, president.

As the president of a railroad company must be a director, and the statute requires that directors must be elected annually, such president must be elected annually. Cox v. Baltimore etc. R. Co., 180 Ind. 495, 103 N. E. 337.

5192. Land for depots, etc.

A railroad company which negligently or wilfully fails to comply with this section is liable in damages to a person injured thereby. Vandalia R. Co. v. Yeager, 60 App. 118, 110 N. E. 230.

5194. Map and profile of route.

Railroad companies are not required to file maps and profiles of their routes

before they commence proceedings to condemn land for their rights of way. Cleveland etc. R. Co. v. Hadley, 179 Ind. 429, 101 N. E. 473.

5195. General powers of companies.

Right and powers of railroad companies to change the line of their roads and to alter the grades thereof, and to appropriate land that may be necessary for such change. Cleveland etc. R. Co. v. Hadley, 179 Ind. 429, 101 N. E. 473. The failure of a railroad company to keep a street crossing in repair does not relieve the city from liability for an injury caused by the defective crossing. City of Hammond v. Jahnke, 178 Ind. 177, 99 N. E. 39.

Failure of railroad companies to keep highway crossing in repair may render such companies liable for injuries to persons. Cleveland etc. R. Co. v. Federle, 50 App. 147, 98 N. E. 123; Cleveland etc. R. Co. v. Clark, 51 App. 392, 97 N. E. 822; Virgin v. Lake Erie etc. R.Co., 55 App. 216, 101 N. E. 500.

Water courses may be changed by railroad companies when they construct their roads, but when such changes are made a waterway must be provided that is as efficient as the one that is changed. Cleveland etc. R. Co. v. True, 53 App. 156, 100 N. E. 22; Vandalia R. Co. v. Yeager, 60 App. 118, 110 N. E. 230.

Highways may be established that will cross railroad tracks without the payment of damages. Pittsburgh etc. R. Co. v. Gregg, 181 Ind. 42, 102 N. E. 961. Streets, when and under what circumstances and conditions railroad companies may use streets as rights of way. Town of Newpoint v. Cleveland etc. R. Co., 59 App. 147, 107 N. E. 560.

When a court orders the sale of a railroad because of the insolvency of the railroad company, the order of sale should not require that the sale be made on the condition that the purchaser should use steam power in operating the road, when there was no law or contract which required the road to be operated by such power. Union Trust Co. v. Curtis, 182 Ind. 61, 105 N. E. 562.

Under this section, a railroad company acquires only an easement in the grant of a right of way. Vandalia R. Co. v. Topping, 62 App. 657, 113 N. E. 421 Cl. 5. Under this subdivision, railroad companies have the right to construct their roads across water courses, but in doing so they must refrain from interfering with the free use of such water courses, and restore the water course to its former state, so as not to impair its usefulness more than is absolutely necessary. Evansville, Mt. C. & N. Ry. Co. v. Scott, App -> 114 N. E. 649. Cl. 5. An instruction under this section using the words “unusual” and “extraordinary" is too broad in its statement. Zollman v. Baltimore & O. S. W. R. Co., App., 121 N. E. 135.

The word "franchises," as used in this statute, does not denote the franchise of the railroad company, but rather the freedom, exemption, privileges, and immunities associated with the stream, or the rights and prerogatives of others therein. Watts v. Evansville, Mt. C. & N. R. Co., App. 120 N. E. 611. Where, in constructing its road across a river, a railroad company unlawfully interferes with the river's current, it is liable, absolutely and without regard to the question of reasonable care, for any damage resulting to those who are entitled to have the water flow in the natural way in the natural channel. Watts v. Evansville, Mt. C. & N. R. Co., App. 120 N. E. 611. The duty imposed by this section is a continuing one. Watts v. Evansville, Mt. C. & N. R. Co., — App. 120 N. E. 611.

A railroad company's general power under this section to erect building facilities includes the right to maintain switch tracks with switch engines. Bennett v. Lake Erie & W. R. Co., App., 127 N. E. 777.

Cl. 5. A complaint in an action for death at a crossing held sufficient to state prima facie cause of negligence causing death at crossing within this section. Pittsburgh, C., C. & St. L. R. Co. v. Nichols, App., 126 N. E. 443. Cl. 5. The duty imposed by this section on a railroad in the construction of its road across streams is simply a declaration of the common law rule. Watts v. Evansville, Mt. C. & N. Ry. Co., Ind. 129 N. E. 315.

[Acts 1917, p. 352. In force May 31, 1917.]

5196. Passenger fares, limitation, baggage.

This section Supplement of 1918 was repealed by section 1, Acts 1919, p. 470, in force May 15, 1919.

[Acts 1909, p. 51. In force April 5, 1909.]

5197. Cash or ticket fares.

5197a. Penalties for violating act.

Sections 5197 and 5197a Revision of 1914 are repealed by section 1, Acts 1919, p. 470, in force May 15, 1919.

5206. Delivery, forfeiture, hearing.

This section is not invalid because its provisions are covered by the interstate commerce act, and the state railroad commission has power to make orders as to state traffic that apply to railroads engaged in interstate commerce, nor are such orders void because they deprive railroad companies of their property without due process of law. Vandalia R. Co. v. Public Service Com., 182 Ind. 297, 106 N. E. 371.

[Acts July special session 1920, p. 53. In force July 23, 1920.]

5207. Car service, discrimination.-5. Every carrier subject to the provisions of this act shall furnish to all parties who may apply therefor, as provided in this act, suitable cars for the transportation of all kinds of freight in carload lots. If the car equipment of the carrier is not adequate at any time to supply the whole number of cars demanded by applicants for immediate use, then the carrier shall distribute its available equipment between the applicants in proportion to their respective requirements for immediate use, and such distribution shall be made without discrimination between shippers or between competitive and non-competitive points, subject to such rules and regulations as may be provided by the public service commission of Indiana: Provided, however, That preference shall be given to the shipment of live stock and perishable property: And provided, also, That in all cases where any coal mine or mines. are under contract to furnish all or any part of their product to the state for the use of all or any of the buildings or public institutions of the state, the commission shall have power by order to require any carrier serving such mine or mines to supply empty coal cars to such mine or mines for delivery only of coal within the State of Indiana up to one hundred (100%) per cent of the cars necessary to fill the daily order contracted by such mine with the

State of Indiana for the use of such buildings or institutions and it shall be the duty of any carrier serving any such coal mine or mines to comply with such order. The power conferred and the duty imposed by this section shall be valid and binding, any section in this act or any other act to the contrary notwithstanding: Provided, That the reconsignment of shipments of coal shall be unlawful unless authorized by the public service commission of Indiana.

This section amends section 5207 Revision of 1914.

Section 2 of the above act provides that the act be in effect from and after its passage.

[Acts 1921, p. 317. In force May 31, 1921.]

5220c. Lease and purchase of other lines.-1. Any railroad company now or hereafter organized under the laws of the State of Indiana, or now or hereafter created by consolidation of a company or companies organized under the laws of the State of Indiana and a company or companies organized under the laws of another state or states, may lease or purchase in whole or in part the connecting or continuous and non-competing line of any railroad in any other state, together with all its rights, powers, privileges, franchises and immunities, Provided, however, That no such lease or sale shall be made except by the approval of the stockholders owning not less than twothirds of the outstanding capital stock of each of the companies parties to such lease or sale and also the approval of the public service commission of the State of Indiana.

5236. Proceedings to appropriate land.

Railroad companies are not required to file maps and profiles of their routes before they commence proceedings to condemn lands for their rights of way. Cleveland etc. R. Co. v. Hadley, 179 Ind: 429, 101 N. E. 473.

5250. Railroad street crossings, grading.

If a city is compelled to pay damages caused by the failure of a railroad company to keep a street crossing in repair, the city may recover the amount paid from the railroad company. City of Bloomington v. Chicago etc. R. Co., 52 App. 510, 98 N. E. 188.

The duty imposed upon railroad companies by statute to restore and maintain in a reasonably safe condition the highways where their tracks cross the same, is not limited to such crossings alone, but such duty extends to the approaches to such crossings. Indianapolis etc. R. Co. v. Sample, 58 App. 461, 108 N. E. 400. The failure of a railroad company to keep a street crossing in repair does not relieve the city from liability for an injury caused by the defective crossing. City of Hammond v. Jahnke, 178 Ind. 177, 99 N. E. 39.

Railroad companies are liable for injuries caused by their failure to keep highway crossings in a safe condition for travelers. Morrissey v. Cleveland etc. R. Co., 61 App. 90, 110 N. E. 105.

5256. Switch lights.

The statute requires switch lights to be maintained in the day time only when the day is dark and foggy. Barker v. Chicago etc. R. Co., 51 App. 669, 99 N. E. 135.