56-19 - Contest by company whose works are crossed.
§ 56-19. Contest by company whose works are crossed.
Any company whose works are to be crossed under the provisions of §§ 56-17and 56-18 may, within fifteen days from the date of the submission of theplans and specifications mentioned in § 56-18, apply to the State CorporationCommission to inquire into the necessity for such crossing, and the proprietyof the proposed location, and all matters pertaining to its construction andoperation; and thereupon, within thirty days from the date of such submissionof plans and specifications, the Commission in its discretion may, by noticeserved upon both companies, suspend work on such crossing for such reasonabletime, prescribed in the notice, as it may deem necessary to make suchinquiry. The Commission may, in its discretion, where railroads or canals areto be crossed by other railroads or canals, employ expert engineers, at acost not exceeding $500, to be paid equally by both companies, who shall,with the Commission, or some member thereof, or such person as the Commissionmay designate, (1) examine the location, plans, specifications anddescriptions of appliances, and methods proposed to be employed, (2) hear anyobjections and consider any modifications that the company whose line is tobe crossed desires to offer, and (3) within such time as the Commission mayfix, reject, approve, or modify such plans and specifications. The finalorder of the Commission shall, unless an appeal be taken to the Supreme Courtwithin thirty days from the date of the same, be final and binding on bothcompanies.
(Code 1919, § 3884.)