Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06
CHAPTER 238-H. r. No. 127
A RIIY,

TdNclcIS OH IdlHUduS ny ICqulA .
ing common carriers engaged in
operating railroads in the State
of Minnesota to establish and
maintain q safe and sufficient
clearance between structures To-
Gated on and over their rOadways
and cars passing over their lines
and to establish and maintain
a safe and sufficient clearance
between their tracks and by re
quiring other persons and cor
porations to establish and main
tain 4 safe and sufficient clear
ance between structures and OBJ
structions and the roadway Of
such common carriers and fol
other purposes.
Be it enacted by the Legislature of
the Sti..e of Minnesota:
Section /. That MaSons Mime
sofa Statutes, 1927, Section 4753,
be, and the same is hereby, amend
ed to read as follows:
"4753. That the provisions Of this
act shall apply to any person, cor
poration or anyone owning, OPP
Grating or maintaining any struc-
ture or obstruction adjacent to any
railway tracks and to any corpora
ton or receiver thereof. or to any
person or persons while engaged
as common carriers in the trans
portation by railroad Of passengers
or property within this state to
which the regulative powers of this
state extend, except railways OPP
Grated by the electric trolley sys-
tenn"
Section 2. That Mason's Mime
sofa Statutes, 1927, Section 4754,
be, and the same is hereby, amend
ed to read as follows:
"4754. That on and after the pass
age of this act, it shall be unlaw-
full for any common carrier, or
any other person, to erect or re-
construct and thereafter maintain
on any standard gauge road on
its line or on any standard gauge
sidetrack used in connectio-. there
with, for use in any traffic men,
toned in Section one of this act,
any warehouse. coal chute. stock
pen, pole, mail crane, standpipe,
hog drencher, or any permanent
or fixed structure or obstruction,
or in eXcavating allow any embank-
ment Of earth or natural rock to
remain upon its line of railroad,
or on any sidetrack used in con-
Wi a tcfn n
less than eight feet measured from
the center line of the track, which
said structure or obstruction ad-
joins on standard gauge roads; nor
shall any overhead wires, bridges,
viaduct or other obstruction passing
over or above its tracks as afore-
said be erected or reconstructed
at a less height than twenty -one
CID feet, measured from the top Of
the track rail.
Provided. however, that any ex-
isting structure may be maintained
and repaired only when the cost
Of such repairs in any IL month
period does not exceed $50 of the
original cost of the structure. If
the cost of the repairs to be made
in any y month period exceed $3.50
of the original cost of the struc-
ture then. in that event, such re-
pairs shall not be made unless the
same are authorized by the Rail-
road and Warehouse Commission
after a hearing. No such structure
shall be further repaired or main
tanned when there has been ex-
pended sum equal to 500 Of the
original cost of the structure in
repairs or maintenance. In con-
STRUNG this Act, a platform shall
be regarded as a separate struc-
ture.
Provided, further, that this act
shall not be construed to apply to
yards and terminals Of depot COM
panies or railway companies used
only for passenger service. But,
nevertheless, in the event Of per-
sonal injury sustained by any en-
ploye of any such -ompany in this
proviso mentioned. by reason Of
noncompliance with the provisions
of this act, such employe, or in
case Of his death, his personal
representative, shall have all the
rights, privileges and immunities
enumerated in Section 9 hereof"
Section 3. That Mason's Mime
sofa Statutes, 1927, Section 4755,
be, and the same is hereby, amend
ed to read as follows:
"4755. That the Railroad and
Warehouse Commission may upon
application made, after thorough
investigation in any particular case
permit any common carrier or any
person or corporation to which this
act applies to erect any overhead
or side obstruction at less dis
lance from the track than herein
provided for, and to reconstruct
and maintain the same when in the
Judgment of said commission a
compliance with the c, rance pre-
scribed herein would be unreason-
able or unnecessary or the erection
Of such overhead or side obStruc-
ton or the reconstruction and
maintenance of the same at less
distance from the track than herein
provided would not create a con-
dition unduly hazardous to the en-
ployes of such common carrier or
any person or corporation"
Section 4. That Masons Mime
sofa Statutes, 1927, Section 4759,
be, and the same is hereby, amend
ed to read as follows:
"4759. That any common carrier,
corporation or person subject to the
provisions of this act violating any
Of the provisions thereof, shall be
liable to penalty of five hundred
dollars (S500.0O for each and any
such violation; and each day that