§ 180 — Motive power

§ 180. Motive power. Any street surface railroad may operate any\nportion of its road by cable, electricity, or any power other than\nlocomotive steam power, which said locomotive steam power is primarily\ngenerated by the locomotive propelling the cars, and in the use of which\neither escaping steam or smoke is visible, which may be approved by the\ncommissioner of transportation and consented to by the owners of\none-half of the property bounded on that portion of the railroad, with\nrespect to which a change of motive power is proposed; and if the\nconsent of such property owners can not be obtained, the determination\nof three disinterested commissioners, appointed by the appellate\ndivision of the supreme court of the department in which such railroad\nis located, in favor of such motive power, confirmed by the court, shall\nbe taken in lieu of the consent of the property owners. The consent of\nthe property owners shall be obtained and the proceedings for the\nappointment and the determination of the commissioners and the\nconfirmation of their report shall be conducted in the manner prescribed\nin sections one hundred and seventy-one and one hundred and seventy-four\nof this article, so far as the same can properly be made applicable\nthereto. Any railroad corporation making a change in its motive power\nunder this section, may make any changes in the construction of its road\nor roadbed or other property rendered necessary by the change in its\nmotive power. Where a street surface railroad in the counties of\nHerkimer and Hamilton is located wholly outside the limits of an\nincorporated city or village, such railroad may, with the approval of\nthe commissioner of transportation, be operated by locomotive steam\npower, provided that such steam power is generated by oil from and\nincluding April fifteenth to and including November thirtieth, and by\neither oil or coal from and including December first to and including\nApril fourteenth.\n