§ 37-3-115 — Passing equipment through bridge or grade

In case it is
necessary to pass any dredge boat or other equipment through a bridge or grade of
any railroad company or other corporation, county, city, town, or other municipality,
the board of directors shall give notice to the owner of said bridge or grade that the
same shall be removed temporarily to allow the passage of such equipment or that
an agreement be immediately entered into in regard thereto. The owner of said
bridge or grade shall keep an itemized account of the cost of the removal and if
necessary of the replacing of said bridge or grade, and the necessary and actual
cost shall be paid by the district. In case the owner of said bridge or grade fails to
commence or complete provision for the passage of said equipment within the time
specified in the notice, the board of directors may remove such bridge or grade at
its own expense, interrupting traffic in the least degree consistent with good work
and without unnecessary damage or delay. In case it is hindered or prevented from
so doing, the owner of said bridge or grade shall be liable for all damage resulting
to the district therefrom.

Legislative History

Source: L. 22: p. 30, � 21. C.L. � 9535. CSA: C. 138, � 146. CRS 53: � 30-3-14. C.R.S. 1963: � 29-3-14.