Private and Special Statutes of the Commonwealth of Massachusetts, From May 1830, to April 1837, Vol. 7: Revised and Published by Authority of the ... With an Appendix, Containing Some Acts Passe - Hardcover

Excerpt from Private and Special Statutes of the Commonwealth of Massachusetts, From May 1830, to April 1837, Vol. 7: Revised and Published by Authority of the Legislature, in Conformity to a Resolve, Passed April 16, 1836, With an Appendix, Containing Some Acts Passed Previous to October 25, 1780

Sect. 11. Be it further enacted, That if the said rail-road, in the course thereof, shall cross any private way, the said cor poration shall so construct said rail-road as not to obstruct the safe and convenient use of such private way; and if said rail road shall not be so constructed, the party aggrieved shall be en titled to his action on the case, in any court proper to try the same, and shall recover his reasonable damages for such injury and if the said rail-road shall, in the course thereof, cross any canal, turnpike or other highway, the said rail-road shall be so constructed as not to impede or obstruct the safe and convenient use of such canal, turnpike or other highway. And the said corporation shall have the power to raise or lower such turnpike, highway or private way, so that the said rail-road, if necessary, may conveniently pass under or over the same. And if said corporation shall raise or lower any such turnpike, highway or private way, pursuant thereto, and shall not so raise or lower the same as to be satisfactory to the proprietors of such turnpike, or to the selectmen of the town in which said highway or private way may be situate, as the case may be, said proprietors or se leetmen may require in writing of said corporation such altera tion or amendment as they may think necessary. And if the re quired amendment or alteration be reasonable and proper, and the said corporation shall unnecessarily and unreasonably neglect to make the same, such proprietors or selectmen, as the case may he, may proceed to make such alteration or amendment, and may institute and prosecute, to final judgment and execution, in any court proper to try the same, any action of the case against said corporation, and shall therein recover a reasonable indemnity in damage for all charges, disbursements, labor and services occasioned by making such alteration or amendments, with costs of suit.

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