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without any negligence on the part of the company or its agents.

Balto. and Susq. R. R. Co. v. Woodruff, 4 Md. 242. Scaggs v. Balto. and Wash. R. R. Co., 10 Md. 268. Balto. and Ohio R. R. Co. v. Lamborn, 12 Md. 257. Keech v. B. & O. R. R. Co., 17 Md. 32. B. & 0. R. R. Co. v. Dorsey, 37 Md. 19. Gantt v A. & E. R. R. Co., 39 Md. 115. P. W. & B. R. R. Co. v. Constable, 39 Md. 149. B. & O. R. R. Co. v. Shipley, 39 Md. 254. B. & O. R. R. Co. v. Mulligan, 45 Md. 493. West. Md. R. R. Co. v. Carter. 59 Md. 308. North. Cent. R. W. Co. v. Ward, 63 Md. 362. Green Ridge R. R. Co. v. Brinkman, 64 Md. 60. Annapolis R. R. v. Pumphrey, 72 Md. 82. Tucker v. State use of Johnson, 89 Md. 490.

1888, art. 23, sec. 199. 1838, ch. 244, sec. 1.

288. The damages caused by such injuries may be sued for and recovered by the owner of such stock, or the person injured by fire, before a justice of the peace, when the damages claimed shall not be over one hundred dollars, and in the Circuit Court for the county or the courts having civil jurisdiction over the amount claimed in the city of Baltimore, when the amount claimed exceeds one hundred dollars.

Ibid. sec. 200. 1838, ch. 244, sec. 2.

289. The damages claimed under Section 287 of this article, shall be sued for in the county or city where the injuries shall have been done; and a summons served upon the president or any of the directors or conductors of any of said companies shall be considered proper service upon the corporation; provided, said service shall be made at least twenty days before the return day of the writ.

A. & E. R. R. Co. v. Gantt, 39 Md. 137. P. W. & B. R. R. Co. v. Constable, 39 Md. 149. Balto. and Yorktown T. R. Co. v. Crowther, 63 Md. 572.

Ibid. sec. 201. 1838, ch. 244, sec. 2,

290. If the company summoned shall not appear to answer at the time named in the summons, on the return of two summons served as aforesaid, the court or justice shall proceed to enter up judgment against said corporation as if the said corporation had regularly appeared; but such judgment shall not be rendered until affidavit shall be filed showing the name of

the president, director or conductor on whom said service was made and the day of said service; and any property belonging to the corporation shall be liable to execution for the amount of such judgment.

1888, art. 23, sec 202. 1868, ch. 471, sec. 217.

291. No railroad or mining company formed or organized under any of the provisions of this article, or which has organized under any existing laws, charter or Act of the General Assembly of this State, shall own, conduct or carry on any store, or have any interest in any store, or receive any portion of the profits thereof; but nothing herein contained shall prevent the employes of any corporation from forming co-operative stores.

Ibid. sec. 203. 1868, ch. 471, sec. 218.

292. Any railroad company incorporated under the laws of this State may own and operate any line of steamships or steamboats, or may subscribe to or hold the stock of any company owning and operating such steamships or steamboats, where such steamships and steamboats can be used wholly or in part in connection with the business of said railroad company.

State v. B. & O. R. R. Co., 48 Md. 79.

Ibid. sec. 204. 1876, ch. 159. 1896, ch. 143.

293. The property, real and personal, of each and every railroad company in this State, working their roads by steam, shall be assessed and taxed for county and municipal purposes in the same manner as the property of individuals is now assessed and taxed; and the authorities of the several counties and the city of Baltimore are hereby authorized and directed to proceed to assess and collect taxes on said property in the same manner as upon like property of individuals now assessed and taxed or liable to assessment and taxation by the laws of this State; provided, that no extra assessment shall be made and no extra or special tax shall be levied or collected on any bridge or bridges over streams, or on any tunnel forming any part of the roadway of any railroad or railroads in this State, it being the meaning and intent of this section that any bridge over streams or any tunnel forming a portion of the roadway

of any of said railroads shall be valued at the same rate that any other equal portion of said road is valued.

Appeal Tax Court v. Union R. R. Co.-Same v. West. Md. R. R. Co., 50 Md. 274. P. W. & B. R. R. Co. v. Appeal Tax Court, 50 Md. 397.

1904, ch. 620.

294. Every railroad company incorporated under the laws of this State shall have the right, wherever it considers that the crossing of its tracks by a public highway is dangerous, to provide at its own cost and expense that the said public highway shall be carried across its tracks either overhead by a bridge or under said tracks by a tunnel, and in order to construct such new crossing said railroad company is empowered to exercise the powers of condemnation vested in it for the purpose of acquiring such additional property and rights as it may require to construct the same. The bridge which said. railroad company shall construct for an overhead crossing or the tunnel for the undergrade crossing shall be at least twenty feet wide, and the height of said tunnel from the surface of the roadway through it shall not be less than fourteen feet; and the grades approaching said overhead or undergrade crossings shall not be greater than a rise of six feet in the hundred. The said "tunnel" used in this section to describe the undergrade crossing may either be arched or the railroad tracks may be carried across the public highway on a bridge, as the railroad company may elect. For constructing the approaches to said overhead or undergrade crossings the railroad company may, at its own expense, change the grade of the public highway to be carried on said new crossing with the same rights and liabilities as are now vested in the County Commissioners in changing the grades of public highways. Whenever a railroad company shall construct an overhead or undergrade crossing under the terms of this section, all grade crossings within six hundred yards of the same may be closed by it and no new crossing shall be opened within that distance of said overhead or undergrade crossing; provided, that this prohibition as to the maintenance and opening of grade crossings shall not apply to incorporated towns or villages of two thousand or more inhabitants,

subject, however, to the consent of the County Commissioners or municipal authorities of said counties and towns.

1890, ch. 443, secs. 1 and 2.

295. It shall not be lawful for any railroad company doing business in this State to withhold any part of the wages of its employes for the benefit of any relief association or the members thereof. Any railroad company violating the provisions of this section shall upon conviction be fined not less than fifty ($50) dollars, nor more than five hundred ($500) dollars for each and every offense.

1894, ch. 269.

296. The Board of Public Works may, when it is shown to their satisfaction by any railroad company that it is impracticable for such railroad company to equip all of its cars with heating apparatus other than stoves, within the time required by law, prescribe what number of cars of such railroad company shall be equipped with improved heating apparatus by such company in each year.

1902, ch. 615, sec. 1.

297. No railroad company incorporated by or under the authority of this State, or doing business therein, shall issue, sell or receive tickets for passage through the city of Baltimore, or make agreement or agreements with any other railroad company or companies outside of this State to issue or sell tickets for passage over their respective lines through the city of Baltimore, unless there is a coupon on said tickets for passage from a given place in or out of this State to the city of Baltimore, and another coupon on said tickets from the city of Baltimore to a given place in or out of this State.

1902, ch. 615.

298. In issuing or selling all tickets for passage in this State through the city of Baltimore, or making agreements with other railroad companies outside of this State to issue or sell tickets for passage through the city of Baltimore, the said tickets shall permit the holders thereof to a stop-over privilege

of at least forty-eight (48) hours in the city of Baltimore; provided, that nothing in this section shall prohibit railroad companies from issuing and selling tickets without this stopover privilege in the city of Baltimore, for special occasions, when the tickets for passage are good only on excursion trains not on the regular schedule of the railroad.

Ibid.

299. All passenger trains passing through the city of Baltimore must stop at least three minutes at the principal station of the company operating said trains, and the stoppage of all trains must be announced in such manner as will give passengers ample opportunity to get off.

Ibid.

300. Any manager, officer, agent, conductor or employe who shall violate any of the provisions of Sections 297-299 shall be guilty of a misdemeanor, and upon indictment and conviction thereof shall be fined not less than one hundred dollars, nor more than five hundred dollars for each offense, one-half of said fine to go to the informer.

1906, ch. 454.

300A. That it shall be unlawful for any person, corporation or association operating a railroad within this State to permit any telegraph or telephone operator who spaces trains, by the use of the telegraph or telephone, under what is known and termed "Block System" (defined as follows): Reporting trains to another office or offices, and to the train despatcher registering the same and operating one or more train order signals, and telegraph or telephone levermen who manipulate interlocking machines in railroad yards or on main tracks out on the lines connecting side tracks or switches or train despatchers in its service; whose duties substantially as herein before set forth pertain to the movement of cars, engines or trains on its railroad by the use of the telegraph or telephone in despatching or reporting trains or receiving or transmitting train orders as interpreted in this section, to be on duty for more than eight hours in any twenty-four consecutive hours.

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