The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-05-17
RAILROAD LAW.
Corporation Counsel McDer-
mott Advises Passage
of Prohibitive Or
dinanee.

| Corporation Counsel McDermott ait
Tuesdays meeting OF the Street and
Water Board submitted the following
| opinion concerning the passage of railway
trains or locomotives through the city
'The general railroad law provides as
| follows:-That if any railroad company
shall have or erect alongside of their track
or roadway. in any incorporated city
where the same may adjein any public
| road or street fence wall or embankment
four feet high, sufficiently close and strong
to prevent children and horses from going
through the same and shall construct
and provide on each side of such track
where Ut may cross any public road or
street now established or which hereafter
may be established, gate of like height
and sufficiency, and cause the same to be
closed at feasst half a minute before any
locomotive may cross such street or road,
and to be kept closed until such loco
motive and its train shall have passed by;
or when the track or roadway as afore-
said shall be laid through any excavation
four feet deep, then and from thencefortE
it shall be lawful for said company to run
locomotives and trains in said city over
the parts of their roads so Enclosed or
excavated and over the parts that do
not adjoin or cross any public street or
highway ait any rate of speed they may
deem proper, and such speed shall not
thereafter be restrained by any city or
dinance to regulate the same but if such
fence, wall or embankment or any part
ner aforesaid, or said gates or any of
= n ekoIl a.clfJ y olA~ nj
the passage of any trains or locomotive,
then the said company and their agents
shan be held to the provisions of any law
or ordinance and any penalty thereby in
fiidted for the passage of any train or
locomotive over that part of their road
adjoining or crossing any public street or
road along which such fence, wall or
embankmeut shall not be maintained or
said gates shall not be SO closed at the
passage of said train or locomotive; pro-
vlded that nothing herein contained shall
affect the liability of any railroad COM
pany to any person injured, for any
damage to person or property caused by
the negligence or want of care of such
agents in the running of their trains
The act of 1891, creating your Board,
alter or repeal ordinances to regulate and
control the running of locomotives, en-
gines and railroad cars through and
across the streets and public places 1t
wiz be noted that your power seems
limited to the regulation and control of
the running of engines and cars through
and across streets and public places, and
IT iss doubtful if this gives YOU power to
pass an ordinance regulating the running
of trains or locomotives over that part
of road adjoining any public highway
along which there shall not be maintained
fence, wall or embankment, as is pro-
vided for in the section above quoted
from the general railroad act.
.sThe best way to test the question will
be to enact such an ordinance and let
the courts pass upon its legality. Where
the railroad does not cross or adjoin a
street, road or other public place your
Board is without power to regulate the
running of trains on the ground that the
tracks are not enclosed. The best form
of ordinance to test the question would
be one regulating the speed of trains over
tracks adjoining public highways where
a fence, wall or embankment is not main
tained."