N.Y. Railroad Law Section 178
Repair of streets

  • rate of speed
  • removal of ice and snow

Every street surface railroad corporation, so long as it shall continue to use or maintain any of its tracks in any street, avenue or public place in any city or village, shall have and keep in permanent repair that portion of such street, avenue or public place between its tracks, the rails of its tracks, and two feet in width outside of its tracks, under the supervision of the proper local authorities, and whenever required by them to do so, and in such manner as they may prescribe; but nothing contained in this section shall require any street railroad corporation to make pavements or repairs over openings made in the streets by any person, municipality or corporation other than such street railroad corporation, for any purpose other than the pavement or repavement of the street. In case of the neglect of any corporation to make pavements or repairs after the expiration of twenty days’ notice to do so, the local authorities may make the same at the expense of such corporation, and such authorities may make such reasonable regulations and ordinances as to the rate of speed, mode and use of tracks, and removal of ice and snow, as the interest or convenience of the public may require. A corporation whose agents or servants wilfully or negligently violate such an ordinance or regulation shall be liable to such city or village for a penalty not exceeding five hundred dollars, to be specified in such ordinance or regulation.

Source: Section 178 — Repair of streets; rate of speed; removal of ice and snow, https://www.­nysenate.­gov/legislation/laws/RRD/178 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

170
Street surface railroads
171
Consent of property owners and local authorities
172
Consent of local authorities
173
Condition upon which consent shall be given
173‑A
The term “terminable permit” as used in this article shall mean and embrace every grant from a city, town or village of power, right or p...
173‑B
Every city, town and village of this state, in addition to such powers as it may have relating to the granting of rights, privileges, fra...
173‑C
Every city, town and village of this state shall have power, subject to the provisions of sections one hundred and seventy-three-a to one...
173‑D
Whenever any street surface railroad is or may be operated along or upon any of the streets, roads, highways, avenues, parks or public pl...
173‑E
The acceptance of a terminable permit, or the acceptance of an amendment to any existing license, grant, franchise, permit or consent inc...
173‑F
Every terminable permit, and every amendment to any existing license, grant, franchise, permit or consent incorporating therein the terms...
173‑G
Approval of permit or amendment by commissioner of transportation
173‑H
Existing license, grant, franchise, permit or consent reinstated on invalidity of amendment
174
Proceedings if property owners do not consent
175
Percentage of gross receipts to be paid in cities or villages
176
Extension of route over rivers
177
Use of tracks of other roads
178
Repair of streets
178‑A
Headlights
179
Within what time road to be built
180
Motive power
181
Rate of fare
182
Collection of fare
183
Construction of road in street where other road is built
184
Abandonment of part of route
185
Effect of dissolution of charter as to consents
186
Corporate rights saved in case of failure to complete road
187
Extensions and franchises confirmed
188
Certain consents of local authorities confirmed
189
Time extended for payment of percentage based on gross receipts
191
Road not to be constructed upon ground occupied by public buildings or in public parks
192
Center-bearing rails prohibited
192‑A
Relocation of tracks
193
Right to cross bridge substituted for a bridge crossed for five years
194
Protection of employees
195
Platforms on new cars, how constructed
196
Protection to employees in the counties of Albany and Rensselaer
197
Protection of employees in the counties of Kings and Queens
198
Contracts for the adjustment of payments due certain cities
201
Construction of park railroads in cities having a population of one million five hundred thousand or upwards
202
Consents of property owners
203
Expense of construction and operation
204
Agreements for payment of cost of construction by instalments
205
Disposition of income
206
Motive power
207
Railroads in parks in New York city, by whom constructed
209
Change of motive power authorized
210
New streets across other than steam surface railroads

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 178’s source at nysenate​.gov

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