§ 53 — Sign boards, flagmen and gates at crossings

§ 53. Sign boards, flagmen and gates at crossings. 1. Every railroad\ncorporation shall cause a sign board to be placed, well supported and\nconstantly maintained, at every crossing where its road is crossed by a\npublic highway at grade. Such sign board shall be of a shape and design\nto be approved by the commissioner of transportation, and shall have\nsuitable words painted thereon to warn travelers of the existence of\nsuch grade crossing. The commissioner of transportation shall have power\nto prescribe the location and elevation of such sign and the words of\nwarning thereon. The commissioner of transportation may dispense with\nthe use of such sign boards at such crossings as he may designate in\ncities and villages. At any point where a steam or electric railroad\noperating upon private right of way crosses a street, highway, turnpike,\nplankroad, or traveled way at grade, the corporation owning or operating\nsuch steam or electric railroad must upon order of the commissioner of\ntransportation station a flagman, erect gates to be opened and closed\nwhen an engine or train passes, or provide other means of protection,\nand where a steam railroad crosses a street railroad at grade, and the\ncorporation owning or operating such railroad refuses to station a\nflagman, erect gates, to be opened and closed when an engine or train\npasses, the commissioner of transportation may, upon application, order\nthat a flagman be stationed at such point, or that gates shall be\nerected thereat, and that a person be stationed to open and close them\nwhen an engine or train passes, or may make such other order respecting\nthe same as he deems proper.\n 2. Whenever the crossing by a railroad at grade of the streets,\nhighways, turnpikes, plank-roads or traveled ways of any village or\ncity, having a population by the last state or federal enumeration of\nless than fifty thousand, shall be protected by gates with persons to\nopen and close the same or by any type of automatic protection, when an\nengine or train passes, the local authorities of the city or village\nshall not impose any limitation, less than forty miles an hour, on the\nrate of speed at which such engine or train shall be run, or enforce any\nexisting limitation upon such rate of speed, less than forty miles an\nhour.\n