364 CORPORATIONS—RAILROAD. [ART. 23.

the company or companies owning and operating such railroad or
railroads, whose track is or tracks are to be crossed, as to the com-
pensation and terms upon which such crossing or crossings shall
be made, then the said railroad company may condemn the ease-
ment of such crossing or crossings, in the same mode prescribed
for the condemnation of the lands of individuals, in and by sec-
tion 167 of this article; provided, that if any of the said crossings
shall be made at 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 or 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 rail-
road company so crossing, as not to interfere with the passage of
trains under or over the same by the company or companies
operating the railroad so crossed.

P. G. L, (1860,) art 77, sec. 1. 1838, ch. 244, sec. 1. 1841, ch. 266.

1846, ch. 846.

198. Railroad companies shall be responsible for injuries re-
sulting in death or otherwise, inflicted upon any stock, as cattle,
horses, sheep, hogs, and so forth, or by fire occasioned by their

engines or carriages, upon any of their roads and the branches
thereof, unless the said companies can prove, to the satisfaction

of the justice or other tribunal before which the suit may be
tried, that the injury complained of was committed without any
negligence on the part of the company or its agents.

Balto. & Susq R. B. Co. v. Woodruff, 4 Md. 242. Scaggs v. Balto. & Wash.
R. R. Co., 10 Md. 268 Balto. & Ohio R. R. Co. v. Lamborn, 12 Md. 257.
Keech v. B. & O. R. R. Co , 17 Md 32. B. & O. R. R. Co. v. Dorsey, 37 Md.
19. 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.

Ibid. sec. 2. 1838, ch. 244, seo. 1.

199. 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