American Railroad Law

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6 Old Colony & Fall River R. R. Co. v. County of Plymouth, 14 Gray, 155, 162.
8 Morris & Essex R. R. Co. ». Orange, 63 N. J. Law, 252 ; 43 Atlantic, 730.
RESTORATION OP HIGHWAY. 137 It is, however, in the power of the State to regulate these matters differently, by express statutory provision. The railroad company has great privileges from the State. Its franchises are almost always granted subject to future varia- tion or revocation at the will of the legislature. Under such reserved powers a
...railroad company may be compelled to construct new highway crossings at its own expense.^ It may even be denied any right to compensation for the inter- ference with its location, unless the new highway occupies space already appropriated to some peculiar railroad use, such as a station building or a stock yard.^ The layout of the new street should be such as to indicate whether the proposed crossing is to be made at, under, or above grade. If it does not, it will be assumed that it au- thorizes a crossing in either of these ways; and when the railroad company owns the fee of the land, it will be entitled to damages for the crossing, calculated on that basis.^ If a new highway is laid out obliquely across the tracks, at such an angle as to appropriate and withdraw from railroad uses a substantial part of the location on each side of the crossing, compensation would be due.* 10.

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