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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 672   View pdf image (33K)
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672 CORPORATIONS. [ART. 23

panics of this or any other State, and of any inland, coast or ocean
transportation company or companies.
See sec. 438.

1904, art. 23, sec. 283. 1888, art. 23, sec. 194. 1886, ch. 294, sec. I.
303. Whenever the several railroads of this State, operated by
steam, shall cross any public highway at grade outside the corporate
limits of cities, and any such highway shall be believed to be of such
a character as to render the passage of locomotives and trains thereon
dangerous to life and property, it shall be the duty of the commis-
sioners of the county in which such point of crossing shall be located,
to notify the company owning or operating the railroad at such point,
by serving a written notice on the superintendent or other agent of
such railroad company in said county, that the said county commis-
sioners will, thirty days thereafter, consider the necessity of further
protection against danger at said crossing; and if, after the expiration
of said thirty days said county commissioners, or a majority of them,
shall determine that such protection is necessary, they shall notify
said railroad company through its superintendent or ticket agent in
said county, that within sixty days thereafter, said railroad company
shall either place a flagman at said crossing, whose duty it shall be to
give timely notice to all persons using said crossing, of the approach
of all locomotives or trains, or a system of electric alarm bells, to give
such notice at the approach of trains, or shall erect safety-gates at
said crossing, which shall be closed not less than one-half minute before
the passage and during the passage of every railroad train or locomo-
tive across said highway; or shall change the said grade crossing so as
to pass said highway with an under or over grade crossing, in which
case neither a flagman nor safety-gate shall be required.

This section referred to in deciding that it could not be said that the fail-
ure of a railroad company to place a flagman at a crossing was negligence
per se. Northern Central Ky. Co. v. Medairy, 86 Md. 175; Cowen v. Dietrick,
101 Md. 49.

This and the following section, referred to in holding Invalid the act of
1908, ch. 398 (a special law directing a certain railroad company ro maintain
safety-gates and flagmen at certain crossings). Prince George's County v.
B. & O. R. R. Co., 113 Md. 184.

As to the Investigation of accidents by the public service commission, see
sec. 434.

See sections 278 and 314.

Ibid. sec. 284. 1888, art. 23, sec. 195. 1880, ch. 294, sec. 2.
304. If any railroad company shall neglect or refuse to comply
with the requirements of the said county commissioners, as provided
for by section 303 said railroad company shall be liable to a fine of
twenty-five dollars per day for each and every day it shall neglect or
refuse so to do.

See notes to sec. 303.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 672   View pdf image (33K)
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