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New York Railroad Law Section 53 - Sign Boards, Flagmen And Gates At Crossings.

Legal Research Home > New York Lawyer > Railroad > New York Railroad Law Section 53 - Sign Boards, Flagmen And Gates At Crossings.

    § 53. Sign boards, flagmen and gates at crossings.  1. Every railroad
  corporation shall cause a sign board to be placed,  well  supported  and
  constantly  maintained, at every crossing where its road is crossed by a
  public highway at grade. Such sign board shall be of a shape and  design
  to  be  approved  by  the commissioner of transportation, and shall have
  suitable words painted thereon to warn travelers  of  the  existence  of
  such grade crossing. The commissioner of transportation shall have power
  to  prescribe  the  location and elevation of such sign and the words of
  warning thereon. The commissioner of transportation  may  dispense  with
  the  use  of  such  sign boards at such crossings as he may designate in
  cities and villages. At any point where a  steam  or  electric  railroad
  operating upon private right of way crosses a street, highway, turnpike,
  plankroad, or traveled way at grade, the corporation owning or operating
  such  steam  or electric railroad must upon order of the commissioner of
  transportation station a flagman, erect gates to be  opened  and  closed
  when  an  engine  or train passes, or provide other means of protection,
  and where a steam railroad crosses a street railroad at grade,  and  the
  corporation  owning  or  operating  such  railroad  refuses to station a
  flagman, erect gates, to be opened and closed when an  engine  or  train
  passes,  the commissioner of transportation may, upon application, order
  that a flagman be stationed at  such  point,  or  that  gates  shall  be
  erected  thereat,  and that a person be stationed to open and close them
  when an engine or train passes, or may make such other order  respecting
  the same as he deems proper.
    2.  Whenever  the  crossing  by  a  railroad  at grade of the streets,
  highways, turnpikes, plank-roads or traveled  ways  of  any  village  or
  city,  having  a  population by the last state or federal enumeration of
  less than fifty thousand, shall be protected by gates  with  persons  to
  open  and close the same or by any type of automatic protection, when an
  engine or train passes, the local authorities of  the  city  or  village
  shall  not  impose any limitation, less than forty miles an hour, on the
  rate of speed at which such engine or train shall be run, or enforce any
  existing limitation upon such rate of speed, less than  forty  miles  an
  hour.

Last modified: August 27, 2006