Chapter 160

Section 1. The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings: ''Board of aldermen'' or ''selectmen'' includes the board or other authority exercising the powers of a board of aldermen or of selectmen; but nothing…

Section 10. Such petition shall not be acted upon, until notice thereof has been published according to law, designating the route with such certainty as to give reasonable notice to all persons interested therein that their rights may be affected by the granting of the petition,…

Section 100. A railroad corporation may raise or lower a public way to permit its railroad to pass over or under the same; but before proceeding to cross or to alter or excavate for the purpose of crossing the way, it shall obtain from the county commissioners a decree prescribin…

Section 101. A railroad corporation may alter the course of a public way to facilitate the crossing thereof by its railroad or to permit its railroad to pass at the side thereof without crossing, if, after notice to the city or town where the way is situated, and a hearing, the c…

Section 102. If a railroad is laid out across a public way, the county commissioners, or the department of highways in the case of a state highway, upon the application of the railroad corporation, or of the board of aldermen of the city or selectmen of the town where the crossin…

Section 103. A railroad corporation whose railroad is crossed by a public way at the same level shall, at its own expense, so guard or protect its rails by plank, timber or otherwise as to secure a safe and easy passage across its railroad; and if, in the opinion of the county co…

Section 104. A public way may be laid out across a railroad previously constructed, if the county commissioners, or the department of highways in the case of a state highway, adjudge that public necessity and convenience so require; and in such case, after notice to the railroad …

Section 104A. Whenever a person wishes to move a building, equipment or machinery over the right of way of a railroad corporation at the location of the crossing of said right of way and a public way and such movement will require the cutting, disconnecting or removal of any of t…

Section 105. A railroad corporation may, with the consent of a canal corporation, alter the course of a canal or of a feeder to a canal, which interferes with the convenient location of its railroad. If it is necessary to take land for such alteration, the railroad corporation ma…

Section 106. If, upon application to the county commissioners by the board of aldermen or selectmen, and after notice to the corporation which owns or operates a railroad, and a hearing, it appears that the railroad so crosses a public way other than a state highway as to obstruc…

Section 107. Every railroad corporation shall, except as provided in sections sixty-five to eighty-two, inclusive, of chapter one hundred and fifty-nine, at its own expense, construct, maintain and keep in repair all bridges, with their approaches and abutments, which it is autho…

Section 108. County commissioners shall have original jurisdiction of questions relative to obstructions to public ways caused by the construction or operation of railroads.

Section 109. If a railroad lawfully laid out through land without the consent of the owner thereof separates a portion of such land from another or from a public way, and the owner, having a right to cross the railroad, cannot agree with the corporation as to the place or manner …

Section 11. Every charter shall confine the railroad within the limits indicated by the notice required in the preceding section, shall specify the several cities and towns through which the railroad may pass, and shall otherwise designate the route thereof with as much certainty…

Section 110. If by the laying out of a railroad, or the widening thereof, a person is cut off from access to land owned by him, and has neither received compensation nor made an agreement with the corporation relative thereto, the department, after notice to the parties and a hea…

Section 111. A party aggrieved by a decision or order of the county commissioners in any matter or proceeding arising under section one hundred and nine, or section fifty-nine of chapter one hundred and fifty-nine, or by their unreasonable refusal or neglect to announce a decisio…

Section 112. The appellant, to perfect the appeal, shall, within twenty days after filing the notice thereof, file with the clerk of the department a petition stating the reasons for the appeal, and shall, within ten days after filing the petition, cause a certified copy thereof …

Section 113. The department shall hear the appeal in the county where it is taken, unless the parties in writing otherwise agree. Upon such appeal, the department shall have the same powers and perform the same duties as county commissioners in like matters and proceedings, and s…

Section 114. No right of way across any railroad track or location which is in use for railroad purposes shall be acquired by prescription. This section shall not apply to rights of way which existed on June fifth, eighteen hundred and ninety-two.

Section 115. A railroad corporation, after having finished the construction of its railroad and put it in operation, may build a branch or extension thereof in accordance with this chapter, if an amount of additional capital stock, applicable solely to the construction of such br…

Section 116. A railroad corporation, upon the application of any shipper tendering freight for transportation, shall construct, maintain and operate upon reasonable terms switch connections with a lateral line of railroad or private side track owned, operated or controlled by suc…

Section 117. If any railroad corporation fails to install or operate any such switch connection with a lateral line of railroad or any such side track and switch connection as aforesaid, after written application therefor has been made to it, any person interested may present the…

Section 118. A railroad or branch or extension thereof shall not be opened for public use until the department, after an examination, certifies that all laws relative to its construction have been complied with, and that it appears to be in a safe condition for operation.

Section 119. When a railroad or a branch or extension thereof is finished and opened for public use, the corporation by which it was constructed shall, within one year, file in the office of the state secretary a map and profile thereof, with tables of grade and curvature and a s…

Section 12. The route of the railroad of a corporation established by special charter, and of its branches and extensions, shall be fixed according to sections twenty and twenty-one except so far as they may have been fixed by special statute; and such railroad, branches and exte…

Section 120. Every railroad corporation shall provide for each drawbridge upon the line of its railroad an experienced draw tender, who shall have full control of the passing of vessels through the draw; and the corporation shall make and enforce regulations for each drawbridge c…

Section 121. Every such drawbridge shall be kept closed at all times, except while open for the actual passage of vessels. The draw tender shall at all hours of the day and night be ready to open the draw; shall decide, having regard to the convenient and secure passage of engine…

Section 122. The master of a vessel applying to pass such draw shall give to the draw tender a true report of his vessel's draught, and of anything projecting below such vessel's draught, and shall be governed by him as to priority of right if two or more vessels apply at the sam…

Section 123. Every drawbridge shall be equipped with conspicuous day and night signals, which shall be displayed at all times in such manner as clearly to indicate to the engineer of an approaching train whether the draw is open or closed.

Section 124. The railroad corporation may erect, at a distance of five hundred feet from every drawbridge, or at such other distance as may on its application be prescribed by the department, and on each side thereof, a substantial barrier, so constructed and connected with the d…

Section 125. If a drawbridge is not furnished with such barriers, and in all cases if by reason of darkness or otherwise the barriers or signals connected with a drawbridge are not visible from the engine of an approaching passenger train, the engineer of such train shall bring i…

Section 126. A railroad corporation which neglects to comply with sections one hundred and twenty-three and one hundred and twenty-five shall forfeit one hundred dollars for each day such neglect is continued; and an engineer or draw tender who violates any provision of said sect…

Section 127. Whoever violates any provisions of the seven preceding sections, shall, unless otherwise therein provided, forfeit not less than three nor more than fifty dollars. Whoever wilfully injures or defaces any such drawbridge or wharf or pier appurtenant thereto, or any ra…

Section 127A. The department of telecommunications and energy may exempt any railroad corporation or other person operating a railroad from compliance with any or all of the provisions of sections one hundred and twenty to one hundred and twenty-five, inclusive, as to any drawbri…

Section 128. A railroad corporation which has established and maintained a passenger station throughout the year for five consecutive years at any point upon its railroad shall not abandon such station, unless it is relocated under the following section, nor substantially diminis…

Section 128A. A railroad corporation which has scheduled and operated a passenger train on a regular schedule for twelve consecutive months or more, except for holidays or interruptions caused by storms or other causes beyond its control, shall not discontinue the operation of su…

Section 129. A railroad corporation may relocate passenger stations and freight depots, with the written approval of the department and of the board of aldermen of the city or the selectmen of the town where such stations or depots are situated.

Section 13. Fifteen or more persons may associate themselves by a written agreement of association with the intention of forming a railroad corporation.

Section 130. Every railroad corporation shall indicate to its passengers the name of each way station by placing at or near the station a proper and conspicuous sign or signs, and shall forfeit fifty dollars for each violation of this section.

Section 131. If one railroad corporation occupies or uses, or has a right to occupy, enter upon and use, a station, railroad or grounds of another, or any portion thereof, the department, upon petition of either party, and after notice to the other, and a hearing, shall determine…

Section 131A. Any corporation organized under chapter one hundred and fifty-six may apply to the department for an order qualifying the corporation to acquire, by purchase or otherwise, and to own and operate terminal facilities for steam, electric or other types of railroad. The…

Section 132. Every switch laid in a railroad track used by passenger or mixed trains shall be a safety switch of a type approved in writing by the department. For each switch laid in violation of this section, the railroad corporation shall forfeit two hundred dollars, and the fu…

Section 133. The frogs, switches and guard rails, except guard rails on bridges, which are in or connected with the railroad tracks operated or used by any railroad corporation shall be kept so blocked by some method approved by the department as to prevent employees from being c…

Section 133A. Every railroad corporation shall equip with proper lights or other approved or commonly used devices all switch stands in all yards owned and maintained by such railroad corporation in which trains or switching engines are generally operated during the hours of dark…

Section 134. Whenever the department shall so order, every railroad corporation shall erect and maintain, under conditions prescribed by the department, suitable bridge guards at bridges or other structures crossing the railroad above the track.

Section 134A. Tracks in a yard or yard area owned and maintained by a corporation or company operating a railroad shall have a minimum distance between center lines of parallel tracks of not less than thirteen feet, plus one inch per degree of track curvature. The center line of …

Section 135. If two railroads cross each other at the same level, the engineer of every freight train and, if both railroads are used for passenger traffic, of every passenger train, upon approaching such crossing, shall stop his engine within five hundred feet therefrom, and sha…

Section 136. The department shall make general regulations for all such crossings or special regulations for such particular crossings as it may designate, and in such detail as it may consider expedient; and the supreme judicial court may issue any processes necessary to secure …

Section 137. The department may, on the application of a railroad corporation whose railroad crosses another railroad at the same level, after notice to the parties and a hearing, authorize the applicant at its own expense, to establish and maintain a system of interlocking or au…

Section 138. Every railroad corporation shall cause a bell of at least thirty-five pounds in weight, and a whistle, to be placed on each locomotive engine passing upon its railroad; and such bell shall be rung or at least three separate and distinct blasts of such whistle sounded…