762 ARTICLE 23.

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 locomotive 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 the failure of a railroad company to
place a flagman at a crossing was not per se negligence. Northern Central Ry. 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 to maintain safety-gates
and flagmen at certain crossings). Prince George's County v. B. & O. R. R. Co.,
113 Md. 184.

Re. investigation of accidents by public service commission, see sec. 372.
See secs. 213 and 251.

An. Code, sec. 304. 1904, sec. 284. 1888, sec. 195. 1886, ch. 294, sec. 2.

241. If any railroad company shall neglect or refuse to comply with the
requirements of the said county commissioners, as provided for by section
240 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. 240.

An. Code, sec. 305. 1904, sec. 285. 1888, sec. 196. 1886, ch. 294, sec. 3.

242. It shall be the duty of said county commissioners to enforce the
payment of fines imposed by the preceding section, as other fines are col-
lected, before the circuit court for said county; and the state's attorney
thereof shall attend to the prosecution of all such suits when directed so to
do by the said county commissioners.

An. Code, sec. 306. 1904, sec. 286. 1888, sec. 197. 1886, ch. 107.

243. Every railroad company of this State, heretofore or hereafter
incorporated, wherever it shall find it necessary in the construction of its
railroad or any lateral branch, is hereby authorized to cross at, under or over
grade any railroad now or hereafter constructed; and if the said railroad
company cannot agree with the company or companies owning and operat-
ing such railroad or railroads, whose track is or tracks are to be crossed, as
to the compensation and terms upon which such crossing or crossings shall
be made, then the said railroad company may condemn the easement of such
crossing or crossings in the same mode prescribed for the condemnation
of the lands of individuals in and by section 203 of this article; provided,
that if any of the said crossings shall be made at the grade, then the said
railroad company shall, at its own expense, erect a proper signal station
at such crossings and keep a watchman thereat; and the trains of the
company owning and operating the said road so crossed at grade shall have
precedence over the trains of the company so crossing said track or tracks;
and provided further, that if the said crossings shall be under or over grade,
they shall be so constructed by the said railroad company so crossing as not
to interfere with the passage of trains under or over the same by the com-
pany or companies operating the railroad so crossed.
See notes to secs. 346 and 379.