SEC. 3432. [When powers cease.] When a company no longer requires the services of a policeman so appointed, it may file a notice to that effect, under its corporate seal, attested by its secretary, in the several offices where the commission of such policeman is recorded, which shall be noted by the clerk upon the margin of the record where the commission is recorded, and thereupon the power of such policeman shall cease and determine. [64 v. 60, 26; S. & S. 121.]

SEC. 3433. [When a passenger conductor is a policeman.] The conductor of every train carrying passengers within this state is hereby invested with all the powers, duties, and responsibilities of police officers, while on duty on his train. [73 v. 166, ? 1.]

SEC. 3434. [When conductor may eject a passenger.] When a passenger is guilty of disorderly conduct, or uses any obscene language, or plays any game of cards or chance for money or any other thing of value, upon any passenger train, the conductor of such train shall stop his train at the place where such offense is committed, or at the next stopping place of such train, and eject such passenger from the train, using only such force as may be necessary to accomplish such removal; and the conductor may command the assistance of the employes of the company and of the passengers on such train to assist in such removal; but before doing so he shall tender to such passenger such proportion of the fare he paid as the distance he then is from the place to which he has paid fare bears to the whole distance for which his fare is paid. [73 v. 166, § 2 ]

SEC. 3435. [When he may arrest a passenger.] When a passenger is guilty of any offense upon a passenger train, the conductor of such train may arrest him and take him before any magistrate having cognizance of such offense, in any county in this state in which such train runs, and file an affidavit before such magistrate, charging him with such offense; but in no case shall the liability of a railroad company for damages caused by the conduct of its conductor be affected by the provisions of this and the next preceding section. [73 v. 166, 23.]

SEC. 3436. [Penalties against conductors for violations of certain sections.] A conductor having charge of a passenger train within this state, who willfully neglects his duty as required by the two preceding sections, or fails to use all the means in his power to carry out the requirements of such sections, shall be deemed guilty of negligence of official duty, and on conviction thereof, before any court having competent jurisdiction, shall be fined not less than five nor more than twenty-five dollars. [73 v. 166, ? 4.]

AN ACT

To compel railroad companies to keep their right of way free from all combustible material, and to use diligence in preventing fires.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That every railroad company, or every person in charge of a railroad as manager or receiver, shall be required to keep the right of way of such company clear and free from weeds, high grass and] decayed timber, which from their nature and condition are combustible material, liable to take and communicate fire[s] from passing locomotives to abutting or adjacent property. And such company shall be liable for all damage sustained by the owner or occupant of abutting property from any carelessness or neglect to keep such right of way clear of combustible material as herein provided.

SEC. 2. Any person owning or controlling property abutting or adjacent to such railroad right of way, in case of failure to comply with the provisions of this act after twenty days' notice in writing, the default still continuing, may cause to be removed all combustible material from the right of way from [of] such railroad along or by such abutting or adjacent property and upon presentation of a reasonable account for the same to the agent at the nearest station of such company or receiver, and if such company or receiver refuse to pay the same within thirty days, the amount may be recovered by law, before any court having jurisdiction thereof.

SEC. 3. This act shall take effect and be in force from and after its passage. [1890, March 24: 87 v. p. 99.]

AN ACT

To provide against accidents on railroads and limit the hours of service.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That no company operating a railroad over thirty miles in length, in whole or in part, within this state, shall permit or require any conductor, engineer, fireman or brakeman on any train who has worked in his respective capacity for twenty-four consecutive hours, except in case of casualty, to again go on duty or perform any work until he has had at least eight hours' rest. Ten hours' labor shall constitute a day's work, and for every hour in excess of said ten hours' work, that any conductor, engineer, fireman, brakeman or any trainman of a company, who works under directions of a superior, or at the request of the company, shall be required or permitted to work, he shall be paid for said extra services in addition to his per diem.

SEC. 2. Any company which violates, or permits to be violated any of the provisions of the preceding section, or any officer, agent or employe who violates, or permits to be violated any of the provisions of the preceding section, shall be fined not less than one hundred dollars, nor more than one hundred and fifty dollars.

SEC. 3. This act shall take effect upon its passage. [1890, March 26: 87 v. 112.]

AN ACT

For the protection and relief of railroad employes; forbidding certain rules, regulations, contracts and agreements, and declaring them unlawful; declaring it unlawful to use cars or locomotives which are defective, or defective machinery or attachments thereto belonging, and declaring such corporation liable, in certain cases, for injuries received by its servants and employes on account of the carelessuess or negligence of a fellow servant or employe.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any railroad or railway corporation or company owning and operating, or operating, or that may hereafter own or operate a railroad in whole or in part in this state, to adopt or promulgate any rule or regulation for the government of its servants or employes, or make or enter into any contract or agreement with any person engaged in or about to engage in its service, in which, or by the terms of which, such employe in any manner, directly or indirectly, promises or agrees to hold such corporation or company harmless, on account of any injury he may receive by reason of any accident to, breakage, defect or insufficiency in the cars or machinery and attachments thereto belonging, upon any cars so owned and operated, or being run and operated by such corporation, or company being defective, and any such rule, regulation, contract or agreement shall be of no effect. It shall be unlawful for any corporation to compel or require directly or indirectly an employe to join any company association whatsoever, or to withhold any part of an employe's wages, or his salary for the payment of dues or assessments in any society or organization whatsoever, or demand or require either as a condition precedent to securing employment or being employed, and said railroad or railway company shall not discharge any employe because he refuses or neglects to become a member of any society or organization. And if any employe is discharged, he may, at any time within ten days after receiving a notice of his discharge, demand the reason of said discharge, and said railway or railroad company thereupon shall furnish said reason to said discharged employe in writing. And no railroad company, insurance society or association, or other person shall demand, accept, require, or enter into any contract. agreement, stipulation with any person about to enter, or in the employe of any railroad company whereby such person stipulates or agrees to surrender or waive any right to damages against any railroad company, thereafter arising for personal injury or death, or whereby he agrees to surrender or waive in case he asserts the same, any other right whatsoever, and all such stipulation and agreements shall be void, and every corporation, association or person violating or aiding or abetting in the violation of this section shall for each offense forfeit and pay to the person wronged or deprived of his rights hereunder

the sum not less than fifty dollars ($50) nor more than five hundred dollars ($500) to be recovered in a civil action.

SEC. 2. It shall be unlawful for any such corporation to knowingly or negligently use or operate any car or locomotive that is defective, or any car or locomotive upon which the machinery or attachments thereto belonging are in any manner defective. If the employe of any such corporation shall receive any injury by reason of any defect in any car or locomotive, or the machinery or attachments thereto belonging, owned and operated, or being run and operated by such corporation, such corporation shall be deemed to have had knowledge of such defect before and at the time such injury is so sustained, and when the fact of such defect shall be made to appear in the trial of any action in the courts of this state, brought by such employe, or his legal representatives, against any railroad corporation for damages, on account of such injuries so received, the same shall be prima facie evidence of negligence on the part of such corporation.

SEC. 3. That in all actions against the railroad company for personal injury to, or death resulting from personal injury, of any person, while in the employ of such company, arising from the negligence of such company or any of its officers or employes, it shall be held in addition to the liability now existing by law, that every person in the employ of such company, actually having power or authority to direct or control any other employe of such company, is not the fellow servant, but superior of such other employe, also that every person in the employ of such company having charge or control of employes in any separate branch or department, shall be held to be the superior and not fellow servant of employes in any other branch or department who have no power to direct or control in the branch or department in which they are employed.

SEC. 4. This act shall take effect and be in force from and after its passage. [1890, April 2: 87 v. 149.]

STREET RAILWAYS.

SEC. 3437. [Where street railways may be constructed.] Street railways, with single or double tracks, side tracks and turnouts, may be constructed or extended within or without, or partly within and partly without, any municipal corporation or unincorporated village; and offices, depots and other necessary buildings for such railways may also be constructed. [67 v. 10, 21; S. & S. 135.]

The exercise in good faith, by council, of the right to authorize an extension will not be interfered with by the court: Sims v. Street Railroad Co., 37 O. S. 556.

The extension may be beyond the termini named in the certificate of incorporation: Ib.
The ordinance granting such extension is not an act conferring corporate power: Ib.

A street railroad does not cease to be such because a grip cable is substituted for horses as the motive power: Clement v. City of Cincinnati (Cin. Sup. Court. Gen. Term 5), 16 W. L. B 355.]

SEC. 3438. [Who may grant authority to construct same; proviso.] The right so to construct or extend such railway within or beyond the limits of a municipal corporation can be granted only by the council thereof, by ordinance, and the right to construct such railway within or beyond the limits of an unincorporated village can be granted only by the county commissioners, by order entered on their journal; and after said grant or renewal of any grant shall have been made, whether by general or special ordinance, or by order of the county commissioners, neither the municipal corporation nor the county commissioners shall release the grantee from any obligations or liabilities imposed by the terms of said grant or renewal of a grant during the term for which said grant or renewal shall have been made. Provided, that no authority shall be given by such municipal or county authorities, to occupy the track, whether single or double, or other structure, of any existing street railways for more than one-eighth of the entire distance between the termini of the route, as actually constructed, operated and run

over, of the company or individual to whom such grant is made; except, however, in granting permission to extend existing routes in cities of the first, second and third grade of the first class, and first grade, second class, such cities, and the companies owning such route, shall have the same rights and powers they have under the laws and contracts now existing; and that no extension of any street railroad located wholly without any such city, or of any street railroad wherever located, which has been or shall be built in pursuance of a right obtained from any source or authority other than a municipal corporation, shall be made within the limits of such city, except as a new route, and subject to the provisions of sections two thousand five hundred and one and two thousand five hundred and two. [1883, April 18: 80 v. 173, 174; Rev. Stat. 1880; 67 v. 10, 2 1.]

A preliminary ordinance, designating a route for a proposed street railroad and directing the city clerk to advertise for sealed proposals to construct and operate such road, is not an ordinance creating a right, or granting a franchise, or involving the expenditure of money, in the sense in which those terms are used in 1666 of the Revised Statutes: State ex rel. . Henderson, 38 0.8.644

SEC. 3439. [Written consent of owners of more than one-half of feet front necessary.] No such grant shall be made until there is produced to council, or the commissioners, as the case may be, the written consent of the owners of more than onehalf of the feet front of the lots and lands abutting on the street or public way, along which it is proposed to construct such railway or extension thereof; and the provisions of sections two thousand five hundred and one and of two thousand five hundred and three to two thousand five hundred and five, inclusive, so far as they are applicable, shall be observed in all respects, whether the railway proposed is an extension of an old or the granting of a new route; provided, that this act shall not apply to any county containing a city of the second grade of the second class. [1883, April 18: 80 v. 173, 175; Rev. Stat. 1880; 65 v. 112, ? 3; S. & S. 139.]

The cross-reference in this section appears in the enrolled act in these words: "The Municipal Code of 1878, division eight, chapter five, subdivision two; chapter five, division eight, title thirteen," and is so contradictory and misleading that it has been thought not improper to put the correct reference in the section, and print the omitted words here. (This note appeared in the Revision of 1880; the section has since been amended.)

When a city council grants permission to construct a street railroad, without the consent of the owners of property on the street in which it is about to be constructed, as required by statute, the construction of the railroad may be enjoined at the suit of such owners; Roberts v. Easton, 19 O. S. 78

The consent of the necessary number of property owners on the street is a pre-requisite to the power of council to grant permission for the construction of a street railroad therein, and the act of the council in granting such permission is not conclusive against such property owners, of the fact that the requisite majority have given their assent to such construction of the proposed road: Ib. When a single track railroad has been carefully constructed, with the requisite consent of the property holders on the street, and it is afterward proposed to construct another track on the same street, the consent of any of the property owners to the construction of the first track can not be counted as an assent to the construction of the second, as against those who remonstrate against the added track: Ib.

SEC. 3440. [When property may be appropriated for such railways.] When the council or commissioners make such grant, the company or person to whom the grant is made may appropriate any property necessary therefor, when the owner fails to expressly waive his claim to damages by reason of the construction and operation of the railway. And in any city of the third grade of the first class any person, persons or company which is authorized to construct and operate and has constructed and is operating a street railway, may appropriate any property necessary for the purpose of occupying and using under section 3438 any existing street railway track or tracks subject to the limitations of said section and for not more than one-eighth of the entire distance between the termini of the route as actually constructed, operated and run over, of the appropriating company or person at the time appropriation proceedings are begun, such appropriation to be made in the mode and manner provided for the appropriation of property in part third, title 2, chapter 8, of the Revised Statutes. [63 v. 55, 24; 61 v. 53, 1; S. & S. 136 S. & S. 137. (1890, April 11, 87 v. 178.)]

SEC. 3441. [The authority controlling the public road must consent.] If the public road along which the railway is to be constructed is owned by a person or company, or is within the control or management of the board of public works or other public officer, such person, company, or officer may agree with the person or company constructing the railway as to the terms and conditions upon which the road may be occupied. [67 v. 10, 1.]

SEC. 3442. [Form of oath in appropriation proceedings] In case of appropriation of property for such purpose, the oath to be administered to the jury shall be as follows: "You and each of you do solemnly swear that you will justly and impartially assess, according to your best judgment, the amount of compensation which is due to [here name the owner or owners], by reason of the appropriation of the street or avenue [as in the statement described], irrespective of any benefit from any improvement proposed by said [here name the company, individual, or company of individuals], and that you will in assessing any damages that may accrue to [here name the owner or owners], by reason of the appropriation, other than the compensation, further ascertain how much less valuable the lot or lots of said [here name the owner or owners], will be in consequence of such appropriation." And the jury, in ascertaining such compensation or damages, shall determine the amount thereof without reference to the distinction between a public and a private nuisance, and the effect of such distinction upon the right of such owner or owners to claim compensation or damages, and the court shall, if requested, so direct the jury. [63 v. 55, ? 5; S. & S. 138.]

SEC. 3443. [Council, etc, may fix terms and conditions.] Council or the commissioners, as the case may be, shall have the power to fix the terms and conditions upon which such railways may be constructed, operated, extended and consolidated. [67 v. 10, 1; 66 v. 140, 1.]

As to the right of council to prescribe the terms upon which one street railroad company may use a portion of the track of another company; see Railroad Co. v. Railroad Co., 36 O. S. 239.

INCLINED PLANE RAILWAYS.

SEC. 3444 [Powers of inclined plane railway companies.] An inclined plane railway company may construct, operate and maintain an inclined plane railway, for the conveyance of passengers and freight, or either, with such offices, depots and other buildings as it may deem necessary, and may establish and maintain a park or pleasuregrounds, and for such purpose may acquire and hold real estate. [73 v. 229, ? 2.]

SEC. 3445. [How street crossings to be made.] When the part of the railway of such company which is operated by steam power crosses a public street or highway, it must pass either over or under such street or highway, and shall be constructed in such manner, and at such distance above or below the same as not to obstruct the ordinary use of such street or highway. [73 v. 229, 10.]

SEC. 3446. [Who may file articles of incorporation.] The presidents of two or more railroad companies running railroads to the same city, town, or village, may by the consent and under the direction of their respective boards of directors, file articles