reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4961 | Special Powers of Railroads › Section 4961.31 | Noncompetitive Companies May Make Beneficial Arrangements.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Two or more railroad companies whose railroads are connected and not competing may enter into any arrangement for their common benefit consistent with and calculated to promote the objects for which they were created. Railroads running or to be constructed to the tracks and property of a union depot company or terminal company, the use of which is enjoyed by either of such companies, or to the tracks of another railroad over which either of said companies has a right to operate by favor of a lease or any trackage agreement shall be held to be connected under this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4961 | Special Powers of Railroads › Section 4961.32 | Procedure for Aid, Lease, and Purchase.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No aid shall be furnished, nor any purchase or lease perfected, as provided by sections 4961.29 to 4961.31, inclusive, of the Revised Code until a meeting of the stockholders of each of the railroad companies has been called for that purpose by the directors of such company, by written or printed notices addressed to each of the persons in whose names the capital stock of such company stands on its books, if their post-office address is known to the company, at least thirty days before the time of holding such meeting, and by a like notice published at least thirty days before the time of holding such meeting, in some newspaper in the municipal corporation where such company has its principal office or place of business. If all the stockholders are present at such meeting in person or by proxy, such notice may be waived in writing. At the meeting of stockholders, the proposed aid, lease, purchase, or sale shall be considered and a vote by ballot taken for its adoption or rejection. Each share of stock shall entitle the holder thereof to one vote, except as may be otherwise provided in the articles of incorporation, consolidation, or merger under which such company was formed. The ballots may be cast in person or by proxy. If the holders of outstanding shares of stock of such company representing at least two thirds, or such greater proportion as said articles of incorporation, consolidation, or merger require, of the voting power of all the stock of such company represented at such meeting, entitled to vote and voted on the question are for the adoption of such aid, lease, purchase, or sale, the officers and directors of such company shall then be authorized and empowered to carry such aid, lease, purchase, or sale into effect, and to cause to be executed and delivered, all agreements, deeds, or leases appropriate for said purpose. In any case in which a plan of reorganization of a company has been confirmed in reorganization proceedings, pursuant to the act of congress of July 1, 1898, entitled "An act to establish a uniform system of bankruptcy throughout the United States," as amended, the trustee of such company, with the approval of the court having jurisdiction in the premises, may assent for and on behalf of all the stockholders of such company to any such purchase and no meeting of its stockholders pursuant to this section shall be required. Any purchase by such a company or its trustee may provide for the complete cancellation of all of the stock of the vendor if such stock is owned by the vendee or its trustee and such cancellation is consistent with such plan of reorganization.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4961 | Special Powers of Railroads › Section 4961.33 | Dissenting Stockholder May Sell Stock.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A stockholder of any railroad company, part or all of whose railroad is proposed to be leased or purchased or which it is proposed to aid by subscription, who refuses his assent to such sale, lease, or aid by subscription, and signifies it by notice in writing to the purchaser or lessee, or company subscribing such aid, within sixty days thereafter, on demand, shall be entitled to receive from such purchaser or lessee, or company subscribing such aid, previous to the consummation of such sale, lease, or aid, the average market value of his stock for six months next preceding the day of the meeting of the companies at which the sale, lease, or aid is approved, on surrendering the stock. If the stockholder and the purchaser, lessee, or company furnishing such aid cannot agree as to the value of the stock, the parties may submit the question to arbitration, to be conducted in accordance with the laws regulating arbitrations, so far as applicable, by three disinterested persons, to be appointed upon the motion of either of the parties by the judge of the court of common pleas of the county in which the owner of the stock resides, or, in case he is a nonresident of the state, or of any county through or into which the railroad passes, then the county in which the principal office of the company is kept.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4961 | Special Powers of Railroads › Section 4961.34 | Court May Appoint Arbitrators.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a stockholder refuses to submit the question of the value of the stock to arbitration, as provided by section 4961.33 of the Revised Code, upon the application of a director of either of the companies parties to the contract, the proper judge shall appoint the arbitrators, who shall proceed to ascertain the value of the stock as if the question has been submitted by consent of both parties. If the party owning the stock refuses to receive the amount awarded him, the company may deposit it with the clerk of the court of common pleas of the county in which the arbitration is held, which deposit shall operate as if payment were made to the owner of the stock.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4961 | Special Powers of Railroads › Section 4961.35 | Notice of Application.

Effective:
October 7, 1977
Latest Legislation:
House Bill 42 - 112th General Assembly
In all cases of arbitration under sections 4961.33 and 4961.34 of the Revised Code, the party desiring such arbitration shall give the opposite party at least ten days' notice of his intention to apply to the judge for the appointment of arbitrators, which notice shall be served in the manner provided for the service of the summons, and must specify the time and place of the hearing of the application. In cases of nonresidents, notice shall be by publication for four consecutive weeks in a newspaper published in the county.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4961 | Special Powers of Railroads › Section 4961.36 | Lease of Railroad - Security Required.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No railroad company shall lease its road or any part thereof to another company, whether of this or any other state, unless the lessor receives full and adequate security for the payment of the rental and for the preservation of its property in as good condition as on entering into possession of such property. If the lessee fails to pay such rental promptly when due, such lease shall be void at the option of the lessor. The company to whom a railroad is leased, if a corporation of any other state, shall be subject to all the restrictions, disabilities, and duties of a railroad company incorporated within this state.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4961 | Special Powers of Railroads › Section 4961.37 | Lessor and Lessee Jointly Liable.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Notwithstanding the lease as provided in section 4961.36 of the Revised Code the corporation of this state lessor therein, shall remain liable as if it operated the railroad itself, and both the lessor and lessee shall be jointly liable upon all rights of action accruing to any person for negligence or default growing out of the operation and maintenance of such railroad, or in any wise connected with it, and may be jointly sued in the courts of this state of proper jurisdiction and prosecuted to final judgment as in other cases of joint liability. Service may be had upon such companies, or either of them, by the service of process upon any officer or agent of either of the companies.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4961 | Special Powers of Railroads › Section 4961.38 | Dissolution of Certain Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A railroad company which has been in existence three years, and has not begun to build the railroad described in its articles of incorporation, or whose railroad, if commenced, has been abandoned for three years, may be dissolved by a vote of two thirds of its stockholders at a meeting called for that purpose by its president, notice of which shall be published in each county through or into which the line of the proposed railroad passes at least thirty days before the meeting is held.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4961 | Special Powers of Railroads › Section 4961.39 | Lease of Right of Way to Be Recorded.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
When the grant of a right of way or easement is not in the form of a lawfully executed deed or lease, the county recorder of the county where the land is situated, upon the request of the company owning the right of way or easement, shall record such grant in the official records and index it. Such record, or a copy thereof certified by the county recorder, shall be received in evidence in all courts and places in the same manner and to the same effect as the original. The correctness of such record or copy may be impeached by any interested party by competent proof. The county recorder is entitled to the usual fee for recording such grants and certifying copies thereof.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4961 | Special Powers of Railroads › Section 4961.40 | Owner of Land Leased for Right of Way Not to Be Taxed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Each railroad company owning and occupying a right of way or easement in lands, either by agreement with the owners or by virtue of an appropriation proceeding, shall present to the county auditor of the county in which the land is situated a statement of the quantity embraced within the right of way or easement. Such quantity shall be deducted by the auditor from the land on the tax duplicate so that the owners shall not be required to pay taxes on such land. A company becoming the owner and occupant of any such right of way or easement, within six months after so becoming the owner, shall present such statement to the auditor. Upon the failure of the company to make the statement the owner of the land may make it.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4961 | Special Powers of Railroads › Section 4961.41 | Taxation of Land Used as Right of Way.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any company using or occupying any land as a right of way, without paper title or contract of record therefor, shall present a correct survey and plat of such land, exhibiting the quantity in such right of way taken from the lands of an owner abutting on it, as it then stands on the tax duplicate of such county, to the county auditor of the county in which the land is situated. The auditor shall charge such land, so used or occupied by any such company, to it on his duplicate, and such relative quantity shall be deducted by him from the land on the tax duplicate, so that the abutting owners shall not be required to pay the taxes thereon. All costs of such survey, plat, and transfer shall be paid by the company. Upon the failure of a company to have such survey, plat, and transfer made, the owners of such abutting land may have it made and recover the costs thereof in an action against the company before any court having jurisdiction thereof.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.01 | Posting Time of Arrival of Trains.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A company or person operating a railroad within this state shall place a blackboard, at least four feet in length and two feet in width, in a conspicuous place in each passenger depot of such company located at any station in the state at which there is a telegraph office. Such company or person must have written upon such board, at least ten minutes before the schedule time for the arrival of each passenger train stopping regularly upon such railroad at such station, whether such train is on schedule time or not, and if late, how much.
For each violation of this section, such company or person so neglecting or refusing to comply with it, shall forfeit the sum of ten dollars, to be recovered in a civil action in the name of the state, one half of which sum shall go to the party commencing proceedings, and the remainder shall be paid to the treasurer of the township or municipal corporation in which such proceedings are had.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.02 | Waiting Rooms - Toilet Rooms.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every person, firm, or corporation operating a railway wholly or in part within this state shall provide a suitable waiting room for the use of the traveling public at each station where a passenger train of the railroad is regularly scheduled to stop. Such room shall be so maintained and kept as to be conducive to the comfort and health of the patrons of the railroad. Where any such waiting room is located within a municipal corporation within reasonable connecting distance of a water supply and sewerage system, there shall be provided in connection with such waiting room suitable and separate toilet rooms and water closets for the use of male and female persons. Each such toilet room or water closet compartment shall be properly heated, lighted, and ventilated and shall contain sufficient floor space and a sufficient number of water closets, urinals, lavatories, and toilet accessories to properly and suitably accommodate such patrons. The location, construction, and installation of such toilet rooms and water closets shall be in accordance with the state building code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.03 | Duty of Public Utilities Commission.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the written complaint of ten or more citizens of this state being filed with the public utilities commission that section 4963.02 of the Revised Code is being violated the commission shall forthwith make investigation thereof. If it is found that such violation exists, it shall issue an order to the person, firm, or corporation guilty of such violation setting forth the nature of the improvement required and directing that it be completed within a time to be specified in such order.
Any person, firm, or corporation failing to comply with such order or with this section or section 4963.02 of the Revised Code, upon conviction for such violation before a court of common pleas of the county in which such violation occurs, shall forfeit not less than one hundred dollars. Such forfeiture shall be recovered in a civil action in the name of the state for the benefit of the county in which the violation occurs. Such action shall be brought by the prosecuting attorney of the county, at the instance of the commission, as provided in other cases for the recovery of forfeitures against railroad companies.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.04 | Movable Bridge Between Passenger Cars Required.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every railroad company conveying passengers shall provide the passenger cars in its trains with a flexible or movable bridge or apron of the full width of the opening between the railings attached to the platforms of such cars, with sideboards or network of strap iron, large wire, or other suitable material at each side of the bridge or apron of at least equal height with the ordinary railings upon the platforms, or some other apparatus or arrangement equally efficient to enable passengers to pass from car to car with safety.
A company which fails to comply with this section shall forfeit one hundred dollars for each day of such failure, to be recovered in a civil action in the name of the state, and paid into the state treasury.
The public utilities commission shall enforce this section. This section does not apply in case of a passenger car attached to a freight train.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.05 | Heating for Cars.

Effective:
October 19, 1961
Latest Legislation:
House Bill 931 - 104th General Assembly
When necessary to heat its cars for carrying passengers, mail, baggage, or express matter, each railroad company shall do so by electricity, hot water, or steam heat so constructed and protected as will most effectually guard passengers against danger from fire, in accidents by collision, or when cars are overturned or thrown from the track. No such company shall permit any other corporation or person to use cars carrying passengers, mail, baggage, or express matter over its road unless their heating apparatus conforms to the requirements of this section.
A railroad company which fails to comply with this section is liable to a forfeiture of not less than one hundred nor more than five hundred dollars, to be recovered in the name of the state, for the benefit of its common schools. Such action shall be prosecuted in any county through which the railroad passes by the prosecuting attorney of such county, at his own instance or the instance of the public utilities commission, as provided by law in other cases for the recovery of penalties and forfeitures against railroad companies, after due notice given by the commission to the president or managing officer of such delinquent company, and the company's further neglect for thirty days to comply with this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.06 | Fire Extinguishers Required.

Effective:
January 23, 1963
Latest Legislation:
House Bill 1 - 105th General Assembly
All railroad coaches carrying passengers shall be equipped with at least one portable fire extinguisher. Such fire extinguishers shall be of a construction which renders them durable and efficient. The public utilities commission shall enforce this section.
No person, company, or corporation operating a railroad in whole or in part in this state shall violate this section. Each day that such person, company, or corporation runs its trains in violation of this section constitutes a separate offense.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.07 | Distance From Station Platform to Steps on Passenger Cars - Forfeiture.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Companies and persons operating a railroad shall so regulate the distance between station floors or platforms and the top of the lowest step on passenger cars so that it will not exceed twelve inches. When the distance is more than one foot, it shall be changed or safe steps provided for passengers within that limit.
A company failing to comply with this section shall forfeit not less than fifty nor more than five hundred dollars for each delinquency. On the written complaint of any citizens, the prosecuting attorney of a county in which such default occurs at once shall begin suit against the company guilty of such default for the recovery of such forfeiture.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.08 | Lights on Front and Rear of Car Required.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No superintendent, trainmaster, yardmaster, or other employee of a railroad company doing business in this state shall allow or permit a passenger or freight car to stand on a track commonly called a running track, within yard limits, unless a flagman or red light is on the end of the car during the period from thirty minutes before sunset to thirty minutes after sunrise.
The public utilities commission shall enforce, and prosecute any violations of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.14 | Cars From Connecting Railroads.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A common carrier may refuse to receive from connecting railroads or from any shipper a car not equipped in accordance with sections 4963.09 to 4963.12, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.15 | Recovery of Forfeiture.

Effective:
December 16, 1964
Latest Legislation:
House Bill 5 - 105th General Assembly
No common carrier shall use any locomotive engine, run any train, or haul or permit to be hauled or used on its railroad, any tender or car in violation of sections 4963.14 to 4963.16, inclusive, of the Revised Code. Whoever violates this section shall forfeit one hundred dollars for each such violation, to be recovered in a suit brought by the prosecuting attorney in the court of common pleas of the county having jurisdiction in the locality where such violation occurred. Upon duly verified information being given him of such violation, the prosecuting attorney shall bring such suit.
The public utilities commission shall give the proper prosecuting attorney information of any such violations as comes to its knowledge.
Such sections do not apply to locomotives, tenders, cars, or trains used exclusively in the movement of logs when the height of the drawbars of such locomotives, tenders, and cars does not exceed twenty-five inches, to street cars, or to locomotives, tenders, cars, similar vehicles, or trains while in actual use in interstate commerce.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.16 | Contributory Negligence.

Effective:
December 16, 1964
Latest Legislation:
House Bill 5 - 105th General Assembly
Any employee of a common carrier engaged in moving traffic on a railroad between points within this state, who is killed or injured by a locomotive, tender, car, similar vehicle, or train, in use contrary to sections 4963.14 and 4963.15 of the Revised Code, shall not be deemed to have assumed the risk thereby occasioned, although continuing in the employment of such carrier after the unlawful use of such locomotive, tender, car, similar vehicle, or train had been brought to his knowledge. Such employee shall not be held to have contributed to his injury in a case where the carrier violated such sections when such violation contributed to his death or injury.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.21 | Construction of Caboose Cars - Exception.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No common carrier operating a railroad, in whole or in part, within this state, or manager or superintendent of such common carrier, shall require or permit the use within this state upon such railroad, of any caboose car or other car used for like purpose which is not at least twenty-four feet in length, exclusive of platforms, and equipped with two four-wheeled trucks, with suitable closets, and with either a cupola or with bay windows, and provided with a door in each end and an outside platform across each end of such car. Each platform shall be not less than twenty-four inches in width and shall be equipped with proper guardrails and with grab-irons and steps for the safety of persons getting on and off said car. Said steps shall be equipped with a suitable rod, board, or other guard at each end and at the back, properly designed to prevent slipping from such step. In case of unusual and unforeseen demands of traffic on the railroad, caboose cars not built in accordance with this section may be used temporarily only where the railroad company desiring to use the same applies to and obtains from the public utilities commission authority to use the same temporarily.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.22 | Automatic or Foot-Power Doors Required on Locomotive Engines.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every railroad company operating locomotives on its railroads in or through this state shall provide and equip each locomotive engine so operated in this state with an automatic or foot-power door to the firebox of such engine. Such automatic or foot-power doors shall be so constructed and operated by steam, compressed air, electricity, or foot power, as deemed best and most efficient. The device for operating such door shall be so constructed that it may be operated by the fireman on said engine by means of a push button, pedal, or other appliance located in, on, or near the floor of the engine deck or floor of the tender at a suitable distance from such door to enable the fireman, while firing such engine, by pressure with his foot, to open such door.
The public utilities commission shall enforce, and prosecute any violations of, this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.24 | Footboards.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No railroad doing business in this state shall operate or permit to be operated in this state, a locomotive regularly assigned in mine run, drop or package local freight, or switching service which is not equipped with two or more footboards.
The public utilities commission shall prescribe the dimensions, location, and the manner of application of said footboards.
As used in this section, "regularly assigned" means more than three consecutive days.
No railroad doing business in this state shall send or cause to be sent out on its railroad a locomotive which is not equipped in accordance with this section.
The commission shall enforce this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.35 | Spark Arresters.

Effective:
July 7, 1978
Latest Legislation:
House Bill 501 - 112th General Assembly
(A) No person operating a railroad shall operate a diesel locomotive engine, other than a turbocharged locomotive, used for the railroad or in the construction or repairing of the railroad, unless the locomotive has a properly installed and maintained spark arrester that complies with the standards and recommended practices for spark arresters for nonturbocharged diesel engines used in railroad locomotives, as set out in the association of American railroad's manual of standards and recommended practices and any revisions thereof.
(B) Whoever violates this section shall be fined no more than five hundred dollars for each violation. The court may enjoin the person from operating a locomotive not provided with a spark arrester installed and maintained as required by this section.
(C) The public utilities commission or any law enforcement officer for any county in which the railroad operates shall enforce this section in any court of competent jurisdiction.
(D) Any locomotive shall be exempt from the provisions of this section if it is being used exclusively in industrial plants or in yard service, or being used exclusively in connection with switching service on any track outside the boundaries of the plant or yard, unless the condition of the right of way of the track or the condition of adjoining land or property presents a potential fire hazard.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.36 | Company Must Keep Right of Way Free From Combustible Material.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every railroad company, or person in charge of a railroad as manager or receiver, shall keep the right of way clear from weeds, high grass, and decayed timber which from nature or condition are combustible and liable to take or communicate fire from passing locomotives to abutting or adjacent property. Such company is liable for all damages sustained by the owner or occupant of such property from carelessness or neglect to keep its right of way clear of such combustible material.
In case of failure to comply with the requirements of this section, a person owning or controlling property abutting on or adjacent to a railroad right of way, the default still continuing after twenty days' notice in writing, may cause all combustible material to be removed from the right of way along or by such property. Upon presentation of a reasonable account for such removal to the agent at the nearest station of such company or receiver, if it or he refuses to pay the amount asked within thirty days, such amount may be recovered before any court having jurisdiction of such claim.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.37 | Liability of Railroad Company for Loss or Damage by Fire.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every company, or the receiver of such company, operating a railroad or a part of a railroad is liable for all loss or damage by fires originating upon the land belonging to such company caused by operating such railroad. Such company or receiver is liable for all loss or damage by fires originating on lands adjacent to its land caused in whole or part by sparks from an engine passing over such railroad, and the exercise by such company or receiver of due care in equipping and operating such engine does not exempt such company or receiver from such liability, which may be recovered before any court of competent jurisdiction within the county in which the lands on which such loss or damage occurs are situated.
The existence of fires upon the railroad company's land is prima-facie evidence that they are caused by operating such railroad. This section does not invalidate or prohibit contracts of such company or receiver by which such company or receiver is indemnified against such loss or damage by fire or released from liability for such loss or damage.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.38 | Use of Property Not Negligence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In no case shall it be considered as negligence on the part of the owner or occupant of property injured by fire as provided by section 4963.37 of the Revised Code, that he used or permitted it to be used and remain as if no railroad passed through or near such property. This section does not apply in cases of injury by fire to personalty which at the time was on the property occupied by such railroad.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.39 | Costs in Appeal and Attorney Fee.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If either party appeals from the judgment of a court in which an action under sections 4963.37 and 4963.38 of the Revised Code is begun, the party in whose favor judgment finally is rendered shall have included in his bill of costs against the adverse party, an attorney fee of fifty dollars, if it is not carried beyond the court of appeals. If carried to the supreme court, an attorney fee of one hundred dollars shall be included in his bill of costs.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.40 | Rules and Regulations Governing the Construction and Maintenance of Telephone and Telegraph Wires.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The public utilities commission shall determine standards of maintenance and operation and the nature, location, and character of the construction to be used where telegraph, telephone, electric light, power, or other electric wires of any kind cross or more or less parallel the line of a railroad, interurban railroad, or other public utility, and to this end shall formulate and issue rules, regulations, and complete detailed specifications covering each class of construction, maintenance, and operation of such electric wire crossing or parallel, under the various conditions existing. The commission, upon complaint of any person, railroad, interurban railroad, or public utility claiming to be injuriously affected or subjected to hazard, shall, after hearing, make such order and prescribe such conditions for the construction, maintenance, and operation of the lines, plants, or systems, as seems just and reasonable to it.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.41 | Duty of the Public Utilities Commission.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The public utilities commission shall enforce section 4963.40 of the Revised Code, and for that purpose shall have power to cause the removal of such telegraph, telephone, electric light, power, or other electric wires of any kind crossing or paralleling such other line and not in accordance with the rules, regulations, and specifications issued by it.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.42 | Placement of Structures and Material - Limitation - Rules.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Material of all kinds and all permanent structures such as buildings, walls, coal bins, tunnels, bridges, station shelter sheds, standpipes, signal masts, poles, freight platforms, and structures of like character, placed adjacent or contiguous to a track of a railroad by a county, municipal corporation, township, railroad company, other corporation, or person, shall be not less than eight feet in the clear from the center of such track, measured horizontally from the track and such lateral clearance shall be uniformly maintained vertically upward a distance of twenty-one feet from the top of rail, except in cases in which the public utilities commission finds that such placement or construction is impracticable. This section does not apply to structures in existence on August 25, 1927. The commission may prescribe rules and regulations governing all such placement and construction.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.43 | Filing Plans and Specifications.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every railroad company, public or private corporation, or person proposing to build any structure or place any material as set forth in section 4963.42 of the Revised Code, with a lesser clearance from the center of the track than is prescribed in such section, before proceeding therewith, shall file with the public utilities commission plans and specifications for such structure or material and have its permit for the erection of such structures or placement. Upon protest of any interested party against the issuance of such permit, or if the commission refuses to issue such permit, the commission shall set the case down for hearing and such hearing shall proceed as other hearings before it.
Observance of this section and section 4963.42 of the Revised Code may be enforced by an injunction on complaint of any interested person, corporation, or board.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.44 | Telegraph and Telephone Wires.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every railroad company operating ten miles or more of railroad for the transportation of passengers and freight shall erect and maintain in complete working order, for use along the line of its railroad, a telegraph or telephone wire, with an office and proper means for communication by such wire at each of its principal stations. No such company operating a railroad without a telegraph or telephone wire along the line of such railroad, shall ask or receive any compensation for the transportation of passengers or freight on such railroad.
The charter of a railroad company which fails to comply with the conditions of this section shall be declared forfeited and shall be annulled by a civil action brought for that purpose in the name of the state by the prosecuting attorney of any county in or through which its railroad is operated.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4963 | Trains; Equipment › Section 4963.99 | Penalty.

Effective:
October 19, 1961
Latest Legislation:
House Bill 931 - 104th General Assembly
(A) Whoever violates section 4963.06 of the Revised Code shall be fined not less than twenty-five nor more than one hundred dollars.
(B) Whoever, being the person in charge of the operation and management of a railroad which fails to comply with section 4963.07 of the Revised Code, which failure results in personal injury, shall be fined not less than fifty nor more than five hundred dollars.
(C) Whoever violates section 4963.08 of the Revised Code shall be fined not less than twenty-five nor more than three hundred dollars.
(D) Whoever violates section 4963.21, 4963.22, or 4963.24 of the Revised Code shall be fined not less than one hundred nor more than five hundred dollars.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4965 | Passenger Fares › Section 4965.50 | Rates of Passenger Fare.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A company operating a railroad in whole or in part in this state may demand and receive for the transportation of passengers on its railroad, a fare not exceeding three cents per mile, for a distance of more than five miles, but the fare shall always be made that multiple of five nearest reached by multiplying the rate by the distance.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4965 | Passenger Fares › Section 4965.51 | Excess Fare on Trains.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any company operating a railroad in whole or in part within this state which has posted proper notice to that effect in a conspicuous place in each waiting room and on the front of its depot building may collect ten cents in addition to the fare allowed by law when such fare is paid on the train, if an office at the point at which the passenger boarded the train was open for the sale of tickets at least thirty minutes next prior to the departure of such train.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4965 | Passenger Fares › Section 4965.52 | Rates of Fare and Freight on Branch Roads.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A railroad company may demand and receive for the transportation of passengers on a branch road, the length of which does not exceed ten miles, a fare not exceeding six cents per mile, and for transportation of property such reasonable rates as are fixed by the company or prescribed by law.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4965 | Passenger Fares › Section 4965.53 | Bicycle as Baggage.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
For the purposes specified in this section, bicycles, with or without lanterns or toolboxes attached, are baggage, shall be transported as such for passengers by all railroad companies, and are subject to the same charges and liabilities as other baggage. No passenger shall be required to crate, cover, or otherwise protect a bicycle. Such companies are not required to transport more than one bicycle for a single person.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4965 | Passenger Fares › Section 4965.54 | Liability for Loss or Damage to Freight Regardless of Contract or Rule of Common Carrier.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Any common carrier, railroad, or motor carrier receiving property at a point within this state for transportation to a point within this state, shall issue a receipt or bill of lading for such property and is liable to the lawful holder of it for any loss, damage, or injury to such property caused by it or by any common carrier, railroad, or transportation company to which such property is delivered or over whose line such property passes. No contract, receipt, rule, or regulation shall exempt such common carrier, railroad, or motor carrier from the liability imposed by this section. This section does not deprive any holder of such receipt or bill of lading of any remedy or right of action which the holder has under existing law.
The common carrier, railroad, or motor carrier issuing such receipt or bill of lading may recover from the common carrier, railroad, or motor carrier on whose line the loss, damage, or injury was sustained the amount of such loss, damage, or injury it is required to pay the owners of such property as is evidenced by any receipt, judgment, or transcript thereof.
As used in this section, "motor carrier" has the same meaning as in section 4923.01 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4965 | Passenger Fares › Section 4965.55 | Storage and Warehouse Certificate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A railroad company organized under the laws of this state, upon the receipt of iron ore, grain, or other merchandise from any vessel, watercraft, or other source for storage and deposit, duly consigned to such company, upon the request of the owner of such ore, grain, or other merchandise, with the written consent of the consignee, may issue to the owner of such ore, grain, or other merchandise, a certificate, receipt, or voucher which shall name the railroad company by which the ore, grain, or other merchandise is held at the time such certificate, receipt, or voucher is issued, to whom such ore, grain, or other merchandise was consigned, the quantity held by such company, and the quality or grade of it, but not incurring any liability for the grade or quality. Such certificate, receipt, or voucher shall be signed by the president or vice-president of the company, and countersigned by the general agent of the company appointed for that purpose, or such other officer as is appointed by such railroad company, and is transferable and negotiable by indorsement on it, by the person to whose order it is made payable. On the presentation of the certificate, receipt, or voucher, so indorsed to such railroad company at its general offices, by the holder and on demand, the company shall deliver to the holder, the iron ore, grain, or other merchandise described in it, on the payment by such person to the railroad company of all proper charges thereon.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4965 | Passenger Fares › Section 4965.56 | Track Connections.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the track of a railroad company crosses, connects, or intersects a track of the same gauge of another company, either company may connect the tracks of the two railroads so crossing, connecting, or intersecting so as to admit the passage of cars from one railroad to another with facility and avoid the necessity of transferring freight from such cars.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4965 | Passenger Fares › Section 4965.57 | Companies Must Transport Cars of Other Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the tracks of two railroad companies are connected as provided in section 4965.56 of the Revised Code, either company, when required, shall transport any freight offered over its railroad to its destination on such railroad in cars in which it is offered at its local rates per mile as set forth in its freight tariff for the distance most nearly corresponding, and return the cars, with or without freight or unnecessary delay.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4965 | Passenger Fares › Section 4965.58 | Companies Must Switch Cars of Other Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the tracks of one railroad company lie contiguous to coal mines, stone quarries, manufacturing establishments, elevators, warehouses, navigable waters, or sidetracks, suitable for loading or unloading, it shall switch the cars of other companies, at the request of such companies or the shippers, over and upon the tracks so lying by such mines, quarries, manufacturing establishments, elevators, warehouses, navigable waters, or sidetracks, for the purpose of unloading or loading grain or other freight into or from such elevators, warehouses, boats upon such navigable waters, or sidetrack without demurrage for forty-eight hours.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4965 | Passenger Fares › Section 4965.59 | Bond - Certificate of Compliance.

Effective:
January 1, 1997
Latest Legislation:
House Bill 538 - 121st General Assembly
(A) Every person, firm, or corporation engaging in the sale of steamship or railroad tickets for transportation to or from foreign countries shall execute and deliver a bond to the state approved by, and filed in the office of, the secretary of state, in the sum of five thousand dollars, conditioned for the selling of genuine and valid steamship or railroad tickets for such transportation.
(B) Such bond shall be executed by such person, firm, or corporation as principal, with at least two sureties who are responsible and owners of real estate within this state. The bond of a surety company may be received or cash or any securities enumerated in section 1111.04 of the Revised Code, may be accepted in lieu thereof. Upon the relation of any party aggrieved, a suit to recover on such bond may be brought.
(C) No person, firm, or corporation shall engage in such business until it has obtained from the secretary of state a certificate of compliance with this section. The certificate shall be conspicuously displayed in the place of business of such person, firm, or corporation.
(D) The secretary of state shall keep a book to be known as a "bond book," in which the secretary of state shall place in alphabetical order all such bonds received by the secretary of state, showing the date of receipt, the name, place of residence, and place of business of the principal, the names of sureties upon the bond, and the name of the officer before whom the bond was executed or acknowledged. Such record shall be open to public inspection. The secretary of state shall collect a fee of five dollars for each bond so filed.
(E) This section does not apply to national banks, to incorporated and qualified railroad, steamship, or express companies, or to banks or trust companies.
(F) Whoever violates division (A), (B), or (C) of section 4965.59 of the Revised Code, shall be fined not more than five hundred dollars or imprisoned not more than six months, or both.