To pay ages. dam. certain cases poration failed to comply with the provisions of the preceding section. SEC. 485. Railroad corporations must make and maintain a good and sufficient fence on either, or both sides, of their track and property. In case they do not make and maintain such fence, if their engine or cars shall kill or maim any cattle or other domestic animals, upon their line of road which passes through or along the property of the owner thereof, they must pay to the owner of such cattle or other domestic animals a fair market price for the same, unless it occurred through the neglect or fault Not liable in of the owner of the animal so killed or maimed. Railroad corporations paying to the owner of the land. through or along which their road is located an agreed price for making and maintaining such fence, or paying the cost of such fence with the award of damages allowed for the right of way for such railroad, are relieved and exonerated from all claims for damages arising out of the killing or maiming any animals of persons who thus fail to construct and maintain such fence; and the owners of such animals are responsible for any damages or loss which may accrue to such corporation from such animals being upon their railroad track, resulting from the nonconstruction of such fence, unless it is shown that such loss or damage occurred through the negligence or fault of the corporation, its officers, agents or employés. Corporation may recover damages, when. Regulations of trains. Penalty. Stats. 1861, 623, Sec. 40. SEC. 486. A bell, of at least twenty pounds weight, must be placed on each locomotive engine, and be rung at a distance of at least eighty rods from the place where the railroad crosses any street, road or highway, and be kept ringing until it has crossed such street, road or highway, under a penalty of one hundred dollars for every neglect, to be paid by the corporation owning the railroad, which may be recovered in an action prosecuted by the District Attorney of the proper county, for the use of the State. The corporation is also liable for all damages sustained by any person, and caused by its locomotives, train or cars, when the provisions of this section are not complied with. Stats. 1861, 623, Sec. 41. SEC. 487. If any passenger neglects or refuses to prepay his fare or toll upon demand, the conductor of the train or the employés of the corporation may put him out of the cars at any stopping place the conductor may elect, unless the passenger pays or tenders him an amount at least ten per cent. more than the fixed fare not so prepaid. Stats. 1861, 626, Sec. 49. Conductor may eject passengers, when. wear badge. SEC. 488. Every conductor, baggage-master, engineer, Officers to brakeman or other employé of any railroad corporation, employed on a passenger train or at stations for passengers, must wear upon his hat or cap, or in some conspicuous place on the breast of his coat, a badge, indicating his office or station, and the initial letters of the name of the corporation by which he is employed. No collector or conductor, without such badge, is authorized to demand or to receive, from any passenger, any fare, toll or ticket, or exercise any of the powers of his office or station; and no other officers or employés, without such badge, has any authority to meddle or interfere with any passenger or property. Stats. 1861, 626, Sec. 50. charges. SEC. 489 All railroad corporations must fix and pub- Rates of lish their rates of charges for freightage and fares from one depot to another, on their various lines of road in this State, graded as follows: 1. One rate of charges per mile for a distance of one hundred miles or over. 2. One rate for a distance of seventy-five and less than one hundred miles, charging not exceeding ten per cent. per mile more than the first rate. 3. One rate for a distance of fifty and less than seventyfive miles, charging not exceeding fifteen per cent. per mile more than the first rate. 4. One rate for a distance of twenty-five and less than fifty miles, charging not exceeding twenty per cent per mile more than the first rate. 5. One rate for a distance not exceeding twenty-five miles, charging not exceeding twenty-five per cent. per mile more than the first rate. But in no case, nor in any class of charges herein before named, shall any railroad corporation charge or receive more than ten cents per mile for each passenger, nor fifteen cents per mile for each ton of freight, transported on its road. For every transgression of these limitations the corporation is liable to the party suffering thereby treble the entire amount of fare or freightage so charged to such party. In no case is the corporation required to receive less than twenty-five cents for any one lot of freight for any distance. NOTE. The provision fixing grades of charges is in accordance with the statutes of the States of Maine, Missouri, Kansas and others, and frequent suggestions in this State. In Kansas and Missouri six cents per mile is the maximum charge for passenger fare, and freightage is graded something like the provisions of this section. We have not disturbed the existing law fixing a maximum of freightage and fares, but, to produce a systematic uniformity, require grades to be fixed based upon distance alone. It would be clearly a wrong to allow a charge for one hundred miles to be doubled for an intermediate distance of fifty miles. SEC. 490. Every railroad corporation must provide, and on being tendered the fare therefor fixed as provided in the preceding section, furnish to every person desiring a passage on their passenger cars a ticket which entitles the purchaser to a ride, and to the accomodations provided on their cars, from the depot or station where the same is purchased to any other depot or station on the line of their road. Every such ticket entitles the holder thereof to ride on their passenger cars to the station or depot of destination, or any intermediate station desig nated in the ticket, at any time within six months thereafter. Any corporation failing so to provide and furnish tickets, or refusing the passage which the same calls for when sold, must pay to the person so refused the sum of two hundred dollars. [New section.] SEC. 491. NOTE. The change here proposed makes a ticket for which value has been paid by a holder available at any time within six months. No good reason can be assigned why passengers should not be protected as well as others against inevitable accidents. slight inconvenience to a corporation ought not to deprive one of small means of all consideration or convenience. All railroads, other than street railroads and those used exclusively for carrying freight or for mining purposes, built by corporations organized under this chapter, must be constructed of the best quality of iron rail, known as T rail or H rail, or other pattern of equal utility. Stats. 1861, 626, Sec. 57; 1862, 498, Sec. 1. TITLE IV. STREET RAILROAD CORPORATIONS. SECTION 497. Authority to lay street railroad track, how obtained. 500. Penalty for overcharging. 501. To provide and furnish passenger tickets. Penalty. 502. Trial, proof and limitation. 503. City or town to reserve certain rights. 504. License to be paid to city or town. 505. Track for grading purposes. 506. What provisions of Tit. III are applicable to street railroads. SEC. 497. Authority to lay railroad tracks through the streets and public highways of any incorporated city or town may be obtained, for a term of years not exceeding fifty, from the Trustees, Council or other body to whom is entrusted the government of the city or town, under such restrictions and limitations, and upon such terms and payment of license, as the city or town authority may provide. In no case must permission be granted to propel cars upon such tracks otherwise than by horses or mules, unless for special reasons, as hereinafter provided. Stats. 1870, 481, Sec. 1. and limita SEC. 498. The city or town authorities, in granting Restrictions the right of way to street railroad corporations, in addi- tions to the tion to the restrictions which they are authorized to im- right of way. pose, must require them 1. To construct their tracks on those portions of streets designated in the ordinance granting the right, which must be as nearly as possible in the middle thereof. 2. To plank, pave or macadamize the entire length of the street used by their track, between the rails and for grant of the May make ulations and rules. two feet on each side thereof, and to keep the same constantly in repair and with good crossings. 3. That the tracks must not be more than five feet wide within the rails, and a space between the track sufficient to allow the cars to pass each other freely. 4. Two corporations may be permitted to use the same street, each paying an equal portion for the construction of the track; but in no case must two railroads occupy and use the same street or track for a distance of more than five blocks. 5. Any proposed railroad track may be permitted to cross any track already constructed, the crossing being made as provided in Chap. II, Tit. III, of this Part. 6. In laying down track and preparing therefor, not more than one block must be obstructed at any one time, nor for a longer period than ten working days. 7. The rates of fare on the cars must not exceed ten cents for one fare, for any distance under three miles. 8. The cars must be of the most approved construction for comfort and convenience of passengers, and provided with brakes to stop the same when required. 9. The rate of speed must not be greater than eight miles per hour. A violation of this provision subjects the corporation to a fine of one hundred dollars for each offence. 10. Work to construct the railroad must be commenced within one year from the date of the ordinance granting the right of way and the filing of articles of incorporation, and the same completed within three years thereafter. A failure to comply with these provisions works a forfeiture of the right of way as well as of the franchise, unless the uncompleted portion is abandoned by the corporation, with the consent of the authorities granting the right of way, such abandonment and consent to be in writing. Stats. 1870, 482, Secs. 1, 6; 1863, 296, Sec. 1. SEC. 499. Cities and towns, in or through which street further railroads run, may make such further regulations for the government of such street railroads as may be necessary to a full enjoyment of the franchise and the enforcement of the conditions provided herein. Stats. 1870, 483, Sec. 10. |