§ 97 — Switch and side-track connections; powers of commissioner

§ 97. Switch and side-track connections; powers of commissioner. 1. A\nrailroad company upon the application of any shipper tendering traffic\nfor transportation, shall construct, maintain and operate upon\nreasonable terms a switch connection or connections with a lateral line\nof railroad or private side-track owned, operated or controlled by such\nshipper, and shall, upon the application of any shipper, provide upon\nits own property a side-track and switch connection with its line of\nrailroad, whenever such side-track and switch connection is reasonably\npracticable, can be put in with safety and the business therefor is\nsufficient to justify the same.\n 2. If any railroad company shall fail to install or operate any such\nswitch connection with a lateral line of railroad or any such side-track\nand switch connection as aforesaid, after written application therefor\nhas been made to it, any corporation or person interested may present\nthe facts to the commissioner by written petition, and the commissioner\nshall investigate the matter stated in such petition, and give such\nhearing thereon as he may deem necessary or proper. If the commissioner\nfinds that it is safe and practicable to have a connection,\nsubstantially as prayed for, established or maintained, and that the\nbusiness to be done thereon justifies the construction and maintenance\nthereof, he shall make an order directing the construction and\nestablishment thereof, specifying the reasonable compensation to be paid\nfor the construction, establishment and maintenance thereof, and may in\nlike manner upon the application of the railroad company order the\ndiscontinuance of such switch connection.\n 3. The commissioner shall have power, where in his judgment it is\nreasonably necessary, to make delivery to, or complete delivery by a\nrailroad company to require such railroad company to operate upon the\nproperty of another a switch or side-track, and construct and maintain a\nproper connection thereto, with its line of railroad. Whenever the\nshipper and the carrier shall be unable to agree as to the terms of\nagreements respecting such switches or side-tracks, whether on the\nproperty of the railroad company or of another, and such connections,\nmade between a railroad company and the owner or occupant of any\npremises served or to be served by such switch, or side-track, or\nconnection, the same shall be subject to the approval of the\ncommissioner.\n