§ 101 — Railroads operating over canals

§ 101. Railroads operating over canals. The corporation shall have a\ngeneral supervisory power over so much of any railroad as passes over\nany canal or feeder belonging to the state or approaches within ten rods\nthereof, so far as may be necessary to preserve the free and perfect use\nof such canals or feeders, or for making any repairs, improvements or\nalterations thereupon. No railroad corporation shall construct its\nrailroad over or at any place within ten rods of any canal or feeder\nbelonging to the state, unless it submits to the corporation a map, plan\nand profile of such canal or feeder and of the route designated for its\nrailroad, exhibiting distinctly and accurately the relation of each to\nthe other at all the places within the limits of ten rods thereof, and\nobtains the written permission of the corporation for the construction\nof such railroad, with such conditions, directions and instructions as\nin its judgment the free and perfect use of any such canal or feeder may\nrequire.\n Whenever any street railroad shall cross over any bridge spanning a\ncanal, or canal feeder, the company owning, maintaining and operating\nthe same, shall be deemed liable for and shall pay all damages that may\noccur or arise, either to the state or to persons, by reason of its\nlaying and maintaining its tracks or rail over, upon and across any such\nbridge, or by reason of the operation of its cars over the same; and any\nsuch company shall, upon demand of the corporation, make any repairs to\nsuch structure to insure the continued safety thereof, as shall have\nbeen rendered necessary by reason of such use of said structure by said\ncompany. Any company maintaining or operating a street railroad over,\nupon and across any such bridge shall indemnify the state including the\ncorporation against any and all loss, damages or claims for damages for\ninjuries to persons or property of passengers which shall be incurred by\nor made against such state by reason of the operation of such railroad\nover any such bridge, and the or corporation may, in its discretion,\nrequire any company so maintaining or operating a street railroad to\nfurnish a bond, with sureties to be approved by it to indemnify the\nstate including the corporation from all such loss, damage or claim. All\nsuch permits heretofore or hereafter granted shall be revocable whenever\nthe free and perfect use of any such canal or feeder may so require, or\nif such railroad company shall fail to make any such repairs when\nrequired by the corporation. The railroad company using or occupying any\nbridge over the same shall, within a reasonable time after the service\nupon it, by the corporation of a written notice of such revocation, or\nto make such repairs, remove at its own cost and expense, its railroad\nfrom such bridge and from the limits of ten rods of said canal or\nfeeder.\n