Page images

nections, to operate the same, and the right to operate horse cars over such route, or such portions of the same as a rapid transit route has been or may be extended over, shall be regarded as surrendered and abandoned by the acceptance of such extension; and provided further, that any ordinance or resolution relating to a street railroad, passed or adopted by the legislative or other municipal authorities of any municipal corporation of this state by improperly suspending the rules requiring the same to be read on three different days, or by improperly putting the same on its passage with one or more other ordinances or resolutions instead of taking a separate vote on the same, shall nevertheless be valid, and this also shall apply to actions and causes of actions named in section seventy-nine of the Revised Statutes. 90 O. L. 228.

$ 2503. Grade of street,

Before any street railroad shall be constructed, on any street less than sixty feet in width, with a roadway of thirty-five feet or under, the council shall provide that the crown of the street shall be made a nearly flat uniform curve, from curb to curb, without ditch gutters, and in such manner as to give all wheeled vehicles the full use of the roadway up to the face of the curb, after the plan of the streets in the cities of Philadelphia and New York. And on any street, whenever the tracks of two street railroads, or of a street railroad and a steam railroad, cross each other at a convenient grade, the crossings shall be made with crossing frogs of the most approved pattern and materials, and kept up and in repair at the joint expense of the companies owning such tracks. 78 0. L. 296.

Provision as to crossing frogs applies to all companies, whether their lines were constructed before or after passage of the act; and compliance does not absolve from subsequent compliance when crossing frogs are found of a more approved pattern or character. Cin. St. Ry. Co. v. Cin. Ham. & D. R. R. Co., 32 B. 4 (Cin. Sup'r Ct.).

$ 2504. Pavement of streets where railroads are con

structed-Cities second grade, first classThe council may require any part or all of the track, between the rails of any street railroad constructed within the corporate limits, to be paved with stone, gravel, bowlders, or the Nicholson, or other wooden or asphaltic pavement, as may be deemed proper, but without the corporate limits, paving between the rails with stone, bowlders, or the Nicholson, or other wooden or asphaltic pavement, shall not be required; provided, that in cities of the second grade of the first class the council may require of any street railway company to pave and keep in constant repair, sixteen feet for a double track or seven feet for a single track, all of which pavement shall be of the same material as the balance of the street is paved with. 87 O. L. 246.

$ 2505. Extension of track

The council of any city or village may grant permission, by ordinance, to any corporation, individual, or company owning, or having the right to construct, any street railroad, to extend their track, subject to the provisions of sections thirty-four hundred and thirty-seven, thirty-four hundred and thirty-eight, thirty-four hundred and thirty-nine, thirty-four hundred and forty, thirty-four hundred and forty-one, thirty-four hundred and forty-two, and thirty-four hundred and forty-three, on any street or streets where council may deem such extension beneficial to the public; and when any such extension is made, the charge for carrying passengers on any street railroad so extended, and its connections made with any other road or roads, by consolidation under existing laws, shall not be increased by reason of such extension or consolidation. 77 O. L. 43. .

An extension need not begin at one of the termini, nor run in the general direction of the original route; and powers of municipal authorities concerning extension. City of Cin. v. Cin. St. Ry. Co., 31 B. 308 (Sup'r Ct. Cin.).

§ 2505a. Power to lease or purchase, to enter into bene.

ficial arrangements, to purchase stock, etc.Perfection of lease or purchase-Rights of dissenting stockholder-Increase of fare prohib

itedAny corporation or company organized for street railway purposes, may lease or purchase any street railroad, or street railroads, or railroad operated as a street railroad and by electric power or incline plane railroad or railroads, together with all the property, real, personal and mixed, and all the franchises, rights and privileges respecting the use and operation of such railroad or railroads, situate or existing in whole or in part within the state, constructed and held by any other corporation or company, corporations or companies, the latter being hereby invested with corresponding power to let or sell upon such terms and conditions as may be agreed upon between the corporations or companies; and any two or more of such corporations or companies may enter into any agreement for their common benefit consistent with and calculated to promote the objects for which they were created. No such lease or purchase shall be perfected until a meeting of the stockholders of each of the companies has been called for that purpose by the directors thereof, on thirty days' notice to each stockholder, at such place, and in such manner, as is provided for annual meetings of the companies, and the holders of at least two-thirds of the stock of each company, in person or by proxy, at such meeting, or at any properly adjourned meeting, assent thereto. Provided, that any stockholder who refuses to assent to such lease or sale and signifies the same by notice in writing to the lessee or purchaser within ninety days thereafter, shall be entitled to demand and receive compensation in the manner provided for the compensation of stockholders in sections thirty-three hundred and two, thirty-three hundred and three, and thirty-three hundred and four of the Revised Statutes, and the said sections are adopted and made to be a part of this section. Provided, that, whenever any such lease or purchase is made as herein provided, there shall be no increase of the existing rates of fare by reason of such lease or purchase, nor shall any fare be charged upon any of the separate routes so leased or purchased in excess of the fare charged over such separate routes prior to the lease or purchase thereof, and provided that when any such lease or purchase is made as herein provided, the fare charged for one continuous route or ride in the same general direction over all such leased or purchased lines within any municipal corporation shall not exceed the maximum fare charged over any one of said lines prior to such lease or purchase. 93 v. 214. $ 2505b. Consolidation

· Whenever the lines or authorized lines of road of any street railroad corporations or companies meet or intersect, or whenever any such line of any street railroad corporation or company, and that of any inclined plane railway or railroad company or corporation or any railroad operated by electricity or other means of rapid transit may be conveniently connected, to be operated to mutual advantage, such corporations or companies, or any two or more of them, are hereby authorized to consolidate themselves into a single corporation; or whenever a line of road of any street railroad company or corporation organized in this state is made, or is in process of construction to the boundary line of the state, or to any point either within or without the state, such corporation or company may consolidate its capital stock with the capital stock of any corporation or company, or corporations or companies in an adjoining state, the line or lines of whose road or roads have been made or are in process of construction to the same point or points, in the same manner and with the same effect as provided for the consolidation of railroad companies in sections thirty-three hundred and eighty-one, thirty-three hundred and eighty-two, thirty-three hundred and eighty-three, thirty-three hundred and eighty-four, thirty-three hundred and eighty-five, thirty-three hundred and eighty-six, thirty-three hundred and eightyseven, thirty-three hundred and eighty-eight, thirty-three hundred and eighty-nine, thirty-three hundred and ninety, thirty-three hundred and ninety-one and thirty-three hundred and ninety-two of the Revised Statutes, and any and all acts amendatory and supplementary to said sections and each of them; and the said sections, including these so amended and supplemented, are adopted and made a part of this section. 92 0. L. 277.,

A corporation formed by consolidation of others holds its property acquired by such consolidation in its own right, and not in trust for the constituent companies. Greene v. St. Ry. Co., 43 B. 181.

$ 2505c. Use of street railway tracks for operation of

passenger cars of other railway company

Grant, franchise or right-FareWhenever any railway company is incorporated and organized under the laws of this state for the purpose of building, acquiring, owning, leasing, operating and maintaining a railroad or railroads to be operated by electricity or other motive power from one municipal corporation or point in this state, to any other municipal corporation, municipal corporations, or point in this state, it shall have an authority to make an arrangement or agreement with any street railway company or companies owning or operating any street railway or railways in any such municipal corporation or corporations, and said street railway company or companies shall have authority to make and enter into such arrangement or agreement with said railway company, whereby the passenger cars of such railway company may be run and propelled over and along the track or tracks of such street railway company or companies, for such compensation and upon such terms as may be agreed upon in the same manner, upon the same conditions and for the same length of time as the cars owned or operated by said street railway company or companies are operated in such municipal corporation or corporations. The said cars of said railway company shall, while they are running and being operated over and along the track or tracks of such street railway company or companies in any such municipal corporation, be entitled to all the privileges and subject to all the obligations enjoyed and imposed by and upon the cars of such street railway company or companies owning or operating its cars in any such municipal corporation, and shall be operated only by the same motive power

with which the cars of such street railway company or companies are or may be operated. Such arrangement and agreement, when authorized by not less than two-thirds in amount of the stockholders of each company proposing to enter into such arrangement and agreement, ratified by a majority of the directors and executed by the proper officers thereof, shall give to such railway company full authority to operate its said cars on the tracks of said street railway company or companies in such municipal corporation or municipal corporations. Provided that it shall not be necessary for such railway company, in case it uses in any such municipal corporation or municipal corporations, only the tracks of a street railway company or companies owning or operating a street railway or railways within such municipal corporation or municipal corporations to obtain any additional grant, franchise, or right, except by said arrangement or agreement with said street railway company or companies. Provided further, that the fare charged by said railway company for transporting passengers within the municipal corporation or municipal corporations, shall not be greater than that fixed in the franchise or franchises held or owned by such street railway company or companies; and where there is a public park or cemetery on the line of such railway and within one mile of, and owned by, such municipal corporation, such company shall for such fare so transport passengers to and from said park or

« PreviousContinue »