Penalty on en- -on engineers, negligence; the crossing; but one stop shall be sufficient for all such crossings within six hundred feet of each other upon the same road. SECT. 130. Every engineman violating the provisions of the preceding section shall for each offence forfeit one hundred dollars, and the corporation on whose road the offence is committed shall forfeit the further sum of three hundred dollars; such forfeitures to be recovered by complaint in the county where the offence is committed. SECT. 131. When an engineer, fireman, or other agent of a firemen, &c., for corporation is guilty of negligence or carelessness whereby an injury is done to any person or corporation, he shall be punished by imprisonment not exceeding twelve months, or by fine not exceeding one thousand dollars. G. S. 63, § 95. -on person having control of passenger train for carelessness. G. S. 63, § 96. Liability of corporation when ger is lost by negligence, &c.; G. S. 63, § 97. SECT. 132. Whoever, having management [or control of or] over a railway train while being used for the common carriage of persons, is guilty of gross carelessness or neglect in [or in relation to the conduct,] management, [or control] thereof, shall forfeit a sum not exceeding five thousand dollars, or be imprisoned not more than three years. SECT. 133. If by reason of the negligence or carelessness of a life of a passen- corporation, or of the unfitness or gross negligence or carelessness of its servants or agents, the life of any person being a passenger is lost, the corporation shall be punished by a fine not exceeding five thousand nor less than five hundred dollars, to be recovered by indictment and paid to the executor or administrator for the use of the widow and children of the deceased in equal moieties, but if there are no children to the use of the widow, or if no widow to the use of the next of kin. -when life of not a is lost SECT. 134. If by reason of the negligence or carelessness of a passenger, &c., corporation, or of the unfitness or gross negligence or carelessness of its servants or agents while engaged in its business, the life of any person being in the exercise of due diligence, and not being a passenger or in the employment of such corporation, is lost, the corporation shall be punished by a fine not exceeding five thousand nor less than five hundred dollars, to be recovered by indictment and paid to the executor or administrator for the use of the widow and children as provided in the preceding section: provided, that the corporation shall not be so liable for the loss of life by any person while walking or being upon its road contrary to law or the reasonable rules and regulations of the corporation. Indictments. G. S. 63, § 99. 13 Allen, 590. 11 Cush. 512. SECT. 135. Indictments against a corporation for loss of life shall be prosecuted within one year from the injury causing the death. ration when life SECT. 136. When an accident attended with loss of life to Duty of corpoany person occurs upon a railroad, the corporation owning the is lost. road shall cause immediate notice thereof to be given to a G. S. 63, § 100. coroner of the county residing nearest to the place of the accident. [No alteration in sections 120-136.] reported to rail SECT. 137. Upon the occurrence of any accident which shall Accidents to be result in personal injury or loss of life, the corporation operating road commisthe road upon which said accident shall occur, shall give imme- sioners. diate notice thereof to the railroad commissioners, whose duty it shall be to investigate the same. [No alterations, other than verbal.] 1869, 408, § 14. liable for dam ages by fire from engines. May insure. SECT. 138. Every corporation shall be responsible in damages Corporation to any person or corporation whose buildings or other property may be injured by fire communicated by its locomotive engines; and shall have an insurable interest in the property upon its route for which it may be so held responsible, and may procure 4 Cush. 288. insurance thereon in its own behalf. [8 Allen, 438. 98 Mass. 414, 422. 6 Allen, 87. G. §. 63, § 101. 13 Met. 99. [No alteration.] not to permit 1869, 344, § 3. SECT. 139. No corporation, in the transportation of ani- Corporations mals, shall permit them to be confined in cars, for a longer confinement of period than twenty-eight consecutive hours, without unloading animals, &c. them for rest, water and feeding, for a period of at least five consecutive hours, unless prevented from so doing by storm or other accidental causes. In estimating such confinement, the time during which the animals have been confined without such rest on connecting roads shall be included; it being the intent of this section to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon contingencies herein before stated. Animals so unloaded shall be properly fed, watered and sheltered during such rest, by the owner or person having the custody thereof, or, in case of his default in so doing, then by the corporation transporting the same, at the expense of said owner or person, and said corporation shall in such case have a lien upon such animals for food, care and custody furnished, and shall not be liable for any detention authorized by this act. Any corporation, owner or custodian of such animals who shall fail to comply with the provisions of this section, shall for each and every such offence forfeit not less than one nor more than five hundred dollars: provided, however, that when animals shall be carried in cars in which they can and do have proper food, water, space and opportunity for rest, the foregoing provision in regard to their being unloaded shall not apply. [Certain verbal alterations were made in this section.] -for obstruct ing engines, &c.; PENALTIES FOR OBSTRUCTING ROAD, &C. or SECT. 140. Whoever without right knowingly stands walks on a railroad track shall forfeit a sum not less than five nor more than fifty dollars. [This provision has not been found adequate to put a stop to a very dangerous practice. The subject was discussed in the report of the railroad commissioners for 1870, p. 92, and for 1871, p. 25. It is subject for consideration whether the law might not be made more effective by giving a portion of the penalty to informers.] SECT. 141. Whoever, after a railroad is open for use, rides, drives, or leads a horse or other beast on the same without the consent of the corporation or its agent, except in places where the road is crossed by a turnpike road, railroad, or way, upon the same level therewith, shall for every such offence forfeit a sum not exceeding one hundred dollars, and be liable for all damages thereby sustained by any person, to be recovered in an action of tort. SECT. 142. The person through whose fault or negligence a horse or other beast goes at large within the limits of a railroad after it is opened for use, shall for every such offence forfeit a sum not exceeding twenty dollars, and be liable for any damages thereby sustained by any person, to be recovered in an action of tort. SECT. 143. Whoever wilfully and maliciously obstructs the passing of any carriage on a railroad, or in any way injures such road or anything appertaining thereto, or any materials or implements for the construction or use thereof, or aids or abets in such trespass, shall forfeit to the use of the corporation for each offence treble the amount of damages proved to have been sustained thereby, to be recovered in an action of tort; and may further be punished by fine not exceeding one thousand dollars, or imprisonment for a term not exceeding one year. SECT. 144. Whoever commits any of the acts mentioned in the preceding section, in such manner as thereby to endanger life, shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year, or by imprisonment in the state prison not exceeding twenty years. SECT. 145. Whoever, by himself or others, obstructs any engine or carriage passing upon a railroad, or endangers the safety G. S. 63, § 107. of persons conveyed in or upon the same, or aids or assists therein, shall be punished by solitary imprisonment in the state prison not exceeding ten days, and by confinement afterwards in said prison at hard labor not exceeding twenty years. ing with intent, SECT. 146. Whoever wilfully does or causes to be done for obstructanything with intent to obstruct any engine or carriage pass- &c; ing upon a railroad, or with intent to endanger the safety of G. S. 63, § 108. persons conveyed in or upon the same, or aids or assists therein, shall be punished by imprisonment in the state prison not more than five years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not more than one year. [No alterations in sections 140–146.] SECT. 147. Whoever enters upon or crosses a railroad at any private way which is closed by gates or bars, and neglects to securely close them, shall forfeit for every such offence a sum not less than two, nor more than ten dollars, to be recovered on complaint before a justice of the peace, and shall be liable for any damage that may be sustained by reason of such neglect. [Two sections of the original act redrafted into one.] SECT. 148. All penalties and forfeitures accruing to a corporation under this act may be recovered in an action of tort in the name of its treasurer. ACCOMMODATIONS FOR PASSENGERS.-TOLLS, &C. for neglect to close gates or bars; 1862, 123, § 1. accommodate SECT. 149. Every corporation shall furnish reasonable ac- Corporation to commodations for the convenience and safety of passengers; passengers. and for every wilful neglect to provide the same shall forfeit not Penalty. less than five nor more than twenty dollars, to be recovered in an action of tort. G. S. 63, § 110. be abandoned, 1865, 175, §§ 1, 2. [No alteration in sections 148, 149.] SECT. 150. No corporation shall abandon any passenger sta- Stations not to tion or depot which is on its road in this Commonwealth, and &c. owned by said corporation, and which has now been or shall hereafter have been established for five years, except by the consent of the legislature; and the accommodation furnished by the stopping of trains at such stations shall not be substantially diminished, as compared with that furnished at other stations on the same road: provided, that any such corporation now existing shall not be required to furnish any greater accommodation at said stations than before the twenty-ninth day of April in the year eighteen hundred and sixty-five. Any such corporation having established a depot for use during a part of each year only, shall not by this section be prohibited from discontinuing the use of the same. violation, &c. SECT. 151. In case of any violation of the provisions of the Proceedings for preceding section, it shall be the duty of the attorney-general, 1865, 175, § 3. at the relation of any ten legal voters of the town or city in which said station is located, to proceed in equity by information to enjoin said corporation from further violation of said provisions. [No alteration other than verbal in sections 150, 151.] Corporations to furnish checks. G. S. 63, § 111. 15 Gray, 450. Corporations to give reasonable &c.; 12 Gray, 398. to SECT. 152. Corporations when requested shall give checks for their baggage when delivered for transportapassengers tion, and shall redeliver the same to the passengers upon the surrender of their checks. A corporation refusing to comply with the requirements of this section shall forfeit ten dollars for each offence. [No alteration.] SECT. 153. Each corporation shall give to all persons or and equal terms companies reasonable and equal terms, facilities and accommoto all persons, dations for the transportation of themselves, their agents and servants, and of any merchandise and other property, upon any railroad owned or operated by such corporation, and for the use 1876, 14m. Rep. of the depot and other buildings and grounds of such corporation; and at any point where its railroad shall connect with any other railroad, reasonable and equal terms and facilities of interchange. Every corporation offending against the provisions of this section, shall be liable to a penalty not exceeding two hundred dollars, to be recovered by indictment, and to the party aggrieved, in an action for damages. -may establish 1870, 325, § 1. Penalty for sion, &c., of tolls or fare. G. S. 63, § 113. 15 Gray, 23. [No alteration other than verbal. Chap. 252 of the acts of 1869, which relates to common carriers in general, also covers the case of railroads. Its provisions are almost identical with section 153, as above, and section 156, except in the method of legal procedure and the penalty prescribed. The railroad corporations would now appear to be liable for the same offence to proceedings under either act. Attention is called to this anomaly.] SECT. 154. Any corporation may establish for its sole benefit, fares, tolls and charges, upon all passengers and property, conveyed or transported on its railroad, at such rates as may be determined by the directors thereof, and may from time to time by its directors regulate the use of its road: provided, that such rates of fares, tolls and charges, and regulations, shall at all times be subject to revision and alteration by the legislature, or such officers or persons as the legislature may appoint for the purpose, anything in the charter of any such railroad corporation to the contrary notwithstanding. SECT. 155. Whoever fraudulently evades or attempts to fraudulent eva evade the payment of any toll or fare lawfully established by a corporation, either by giving a false answer to the collector of the toll or fare, or by travelling beyond the point to which he has paid the same, or by leaving the train without having paid the toll or fare established for the distance travelled, or otherwise, shall be punished by fine of not less than five nor more than twenty dollars for each offence. Whoever does not upon demand first pay such toll or fare shall not be entitled to be transported over a road. [No alteration in sections 154, 155.] |