350

LAWS OF MARYLAND.

that if said crossings shall be under or over grade,

they shall be so constructed by said Baltimore and

Ohio Railroad Company as not to interfere with the

Crossings how-
constructed.

passage of trains under or over the same by the com-

pany or companies operating the railroad so crossed

by the Philadelphia branch. aforesaid, and said com-

pany, before constructing any bridge across the

Susquehanna river or tide water canal, shall first

receive the approval of the board of public works of

the plan and character of bridge to be constructed ;

and said board shall be authorized to prescribe all

necessary conditions for the construction and use

of said bridge so as not to impede navigation; and

said company shall be, and it is hereby required to

stop every local or accommodation passenger train

passing over said bridge constructed over the Sus-

quehanna river, at each end thereof, long enough for

passengers to get on and off said train; and it shall

be, and it is hereby required to allow all persons to

Pass over

pass over said bridge on said trains free of charge;

bridge free of
charge.

and, provided further, that a crossing at grade over

the tracks of the Philadelphia, Wilmington and

Baltimore Railroad Company shall not be made

without the consent of said company, if a crossing of

the said tracks at an overgrade or at an undergrade is

reasonably practicable, and the practicability of an

under or overgrade crossing shall be determined by

the Circuit Court for the county or city in which

such crossing of the tracks of the Philadelphia, Wil-

mington and Baltimore Railroad Company is sought

to be made; and if the court shall be of opinion that

no other than a grade crossing is reasonably prac-

ticable at the point designated for said crossing by

the Baltimore and Ohio Railroad Company, but

shall be of opinion that an overgrade or undergrade

crossing is reasonably practicable at some other

Court to desig-

point, then the said court shall designate and deter-

nate point of
crossing.

mine the point and mode of crossing, and either

party may appeal within twenty days from the

determination of the said Circuit Court in the said

matter to the Court of Appeals, and up, n the entry

of said appeal, the clerk shall forthwith send to the

Court of Appeals a transcript of the record, including

therein a statement of the evidence taken in the

court below, certified to be a correct statement

thereof by the said court, and the Court of Appeals