§ 74-307 — Roads, streams, or canals; crossings; conditions

Nebraska § 74-307

• Jurisdiction: Nebraska
• Ch. 74: Railroads

Text

Any railroad may construct and carry its tracks across, over, or under any road, railroad, canal, stream, or watercourse when it may be necessary in the construction thereof. In such cases, the railroad shall construct its railroad crossings so as to not unnecessarily impede the travel, transportation, or navigation upon the road, railroad, canal, stream, or watercourse so crossed. The railroad may change the channel of any stream or watercourse whenever it may be necessary in the location, construction, or use of its road if it does not change the general course of the stream or watercourse or materially impair its usefulness.

Legislative History

Source: R.S.1866, c. 25, § 86, p. 219; R.S.1913, § 5944; C.S.1922, § 5282; C.S.1929, § 74-305; R.S.1943, § 74-307; Laws 1994, LB 414, § 2. Annotations: Omission of word necessary in instruction to jury was not prejudicial. Sawyer v. Chicago, B. & Q. R. R. Co., 99 Neb. 294, 156 N.W. 504 (1916). It is the duty of a railroad company when its right-of-way passes over a stream to so construct its roadbed as to carry off the waters of that stream. Chicago, R. I. & P. Ry. Co. v. Andreesen, 62 Neb. 456, 87 N.W. 167 (1901). A railroad corporation, though authorized by law to construct its road across a stream, must do so with due regard for the rights of adjacent landowners, and is liable for damage to adjacent land if its bridge is so constructed as to cause water and ice to gorge and overflow such land. McCleneghan v. Omaha & R. V. R. R. Co., 25 Neb. 523, 41 N.W. 350 (1889), 13 A.S.R. 508 (1889). Legislature may put the burden of repair of viaducts crossing several railroads upon one of the companies or apportion it among all as it sees fit. Chicago, B. & Q. R. R. Co. v. State of Nebraska ex rel. City of Omaha, 170 U.S. 57 (1898).