# An act to authorize the Baltimore and Ohio Railroad Company, in the construction of its Philadelphia Branch, to cross other railroads, and to regulate the mode of crossing the Tide-water Canal and the Susquehanna River by said Philadelphia Branch

| AN ACT to authorize the Baltimore and Ohio Railroad Company, in the construction of its Philadelphia Branch, to cross other railroads, and to regulate the mode of crossing the Tide-water Canal and the Susquehanna River by said Philadelphia Branch. |
| SECTION 1. Be it enacted by the General Assembly of Maryland, That the Baltimore and Ohio Railroad Company, in the construction of its Philadelphia Branch, shall be and is hereby authorized to cross at, under or above grade any railroad or railroads now or hereafter constructed; | Authorized to cross. |
| and if said Baltimore and Ohio Railroad Company cannot agree with the company or companies owning and operating such railroad or railroads as to the compensation and terms upon which said crossing or crossings shall be made, then the said Baltimore and Ohio Railroad Company may condemn the easement of such crossing or crossings in the same mode prescribed for the condemnation of lands of individuals by the act incorporating said Baltimore and Ohio Railroad Company, and the amendments thereof, and supplements thereto, and under which the lands of individuals necessary for said Philadelphia Branch are to be condemned; | Condemn easement. |
| provided that if any of said crossings shall be at grade, then said Baltimore and Ohio Railroad Company shall at its own expense erect a proper signal station at such crossings, and keep a watchman thereat, and the trains of the company owning or operating the said road so crossed at grade shall have precedence over the trains of the Baltimore and Ohio Railroad Company run upon the said Philadelphia branch; | Erect signal station. |
| and, provided further, that if said crossings shall be under or over grade, they shall be so constructed by said Baltimore and Ohio Railroad Company as not to interfere with the passage of trains under or over the same by the company or companies operating the railroad so crossed by the Philadelphia branch. aforesaid, and said company, before constructing any bridge across the Susquehanna river or tide water canal, shall first receive the approval of the board of public works of the plan and character of bridge to be constructed; and said board shall be authorized to prescribe all necessary conditions for the construction and use of said bridge so as not to impede navigation; and said company shall be, and it is hereby required to stop every local or accommodation passenger train passing over said bridge constructed over the Susquehanna river, at each end thereof, long enough for passengers to get on and off said train; | Crossings how constructed. |
| and it shall be, and it is hereby required to allow all persons to pass over said bridge on said trains free of charge; and, provided further, that a crossing at grade over the tracks of the Philadelphia, Wilmington and Baltimore Railroad Company shall not be made without the consent of said company, if a crossing of the said tracks at an overgrade or at an undergrade is reasonably practicable, and the practicability of an under or overgrade crossing shall be determined by the Circuit Court for the county or city in which such crossing of the tracks of the Philadelphia, Wilmington and Baltimore Railroad Company is sought to be made; | Pass over bridge free of charge. |
| and if the court shall be of opinion that no other than a grade crossing is reasonably practicable at the point designated for said crossing by the Baltimore and Ohio Railroad Company, but shall be of opinion that an overgrade or undergrade crossing is reasonably practicable at some other point, then the said court shall designate and determine the point and mode of crossing, and either party may appeal within twenty days from the determination of the said Circuit Court in the said matter to the Court of Appeals, and upon the entry of said appeal, the clerk shall forthwith send to the Court of Appeals a transcript of the record, including therein a statement of the evidence taken in the court below, certified to be a correct statement thereof by the said court, and the Court of Appeals shall proceed to hear and determine the said matter as soon after the filing of the said record in said court as shall be practicable. | Court to designate point of crossing. |
| SEC. 2. And be it enacted, That so soon as the structure of such bridge, if the same shall contain a draw, shall be placed on the piers thereof, the said Baltimore and Ohio Railroad Company shall be re quired to keep a good and sufficient steam tug, or towhoat, at the location of such bridge, and shall, at all times during the season of the open navigation of the Susquehanna river, keep the said tug or towboat to enable every vessel or vessels to get through or from said bridge, | Keep steam tug. |
| and in case of the neglect or refusal of the officer or officers of said tugboat to tow through or from said bridge any vessel or vessels that may require the aid of said tug or towboat, then the said Baltimore and Ohio Railroad Company shall be liable for damages to the owner or owners, master or masters of said vessel or vessels for every such detention in a sum not less than five nor more than twenty dollars, to be recovered before any justice of the peace of Cecil or Harford counties. | Liable for damages. |
| SEC. 3. And be it further enacted, That this act shall take effect from the date of its passage. | Effective. |
| Approved April 3, 1882. |
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