CORPORATIONS 883

An. Code, 1924, sec. 215. 1912, sec. 280. 1904, sec. 262. 1888, sec. 175. 1876, ch. 242, sec. 19.

218. Every railroad company organized under this article shall be
required to erect at all points where its road shall cross any public road, at a
sufficient elevation from such public road to admit of the free passage of
vehicles of every kind, a sign with large and distinct letters placed thereon,
to give notice of the proximity of the railroad, and warn persons of the
necessity of looking out for the cars; and any company neglecting or
refusing to erect such sign shall be liable in damages for all injuries occur-
ring to persons or property from such neglect or refusal.

Assuming that this section applies to electric railways, an automobile accident may
not be attributed to the absence of the sign provided for by this section where plaintiff
and the chauffeur knew of the proximity of the tracks and did look and listen for car.
Glick v. Cumb. & W. Elec. Ry. Co., 124 Md. 318.

As to the investigation of accidents by public service commission, see sec. 380.

See art. 27, secs. 537 and 538.

An. Code, 1924, sec. 217. 1912, sec. 282. 1904, sec. 264. 1888, sec. 177. 1876, ch. 242, sec. 21.

219. Whenever the line of any railroad company now existing, or which
may hereafter organize under this article, shall cross any canal, or any navi-
gable water, the said company shall file with the board of public works the
plan of the bridge and other fixtures for crossing such canal or navigable
water, designating the place of crossing; and if the said board shall approve
of such plan, it shall notify such company in writing, of such approval; but
if the said board shall disapprove such plan, or fail to approve the same
within twenty days from the filing thereof, then it shall be lawful for
such company to apply to the circuit court, or any judge thereof in vacation;
and upon reasonable notice being given to the members of the board of
public works, said court or judge shall, upon good cause shown, appoint a
competent, disinterested engineer,' not a resident of any county through
which said road passes, to examine such crossing and to prescribe the plan
and condition thereof, so as not to impede navigation; and such engineer
shall, within twenty days from his appointment, make his return to the
circuit court for the county where such crossing is to be made, subject to
exception by either party; and thereupon the court shall, at the next term
after the filing of said return proceed to examine the same, and unless good
cause is shown shall approve and confirm the same, and such order of con-
firmation shall be sufficient authority for the erection, use and occupancy of
such bridge in accordance with such plan; provided, that no railroad com-
pany shall be authorized to construct any permanent bridge over any canal
of this State, which shall be less than twelve feet in the clear above the top
water-line of said canal, and the piers and abutments of such bridge shall
be placed so as not in any manner to contract the width of the canal, or
interfere with free passage on the towing-path.

The purpose of this section was not to grant the power to railway companies in-
corporated under this article to bridge navigable streams, but to regulate the method
of constructing bridges by companies having the right to build them. This section con-
strued in connection with sec. 157—see notes thereto. Dundalk, etc., Co. v. Governor
Smith, 97 Md. 178.;

Where the property of a canal company is being administered by a court of equity,
no appeal lies from an order of that court granting leave to a railroad company to
erect a proposed bridge subject to the payment of such damages as the canal company
might thereby sustain, Chesapeake, etc., Canal Co. v. Western Md. R. R. Co.,
99 Md. 572.

See sec. 157.