10-7-29. Railway companies to repave streets.
All railway companies shall be required to pave or repave at their own cost all the space
between their different rails and tracks and also a space two feet wide outside of the outer rails of
the outside tracks in any city or town, including all sidetracks, crossings and turnouts used by
such companies. Where two or more companies occupy the same street or alley with separate
tracks each company shall be responsible for its proportion of the surface of the street or alley
occupied by all the parallel tracks as herein required. Such paving or repaving by such railway
companies shall be done at the same time and shall be of the same material and character as the
paving or repaving of the streets or alleys upon which the track or tracks are located, unless other
material is specially ordered by the municipality. Such railway companies shall be required to
keep that portion of the street which they are herein required to pave or repave in good and proper
repair, using for that purpose the same material as the street upon which the track or tracks are
laid at the point of repair or such other material as the governing body of the city may require and
order; and as streets are hereafter paved or repaved street railway companies shall be required to
lay in the best approved manner a rail to be approved by the governing body of the city. The
tracks of all railway companies when located upon the streets or avenues of a city or town shall
be kept in repair and safe in all respects for the use of the traveling public, and such companies
shall be liable for all damages resulting by reason of neglect to keep such tracks in repair, or for
obstructing the streets. For injuries to persons or property arising from the failure of any such
company to keep its tracks in proper repair and free from obstructions such company shall be
liable and the city or town shall be exempt from liability. The word "railway companies" as used
in this section shall be taken to mean and include any persons, companies, corporations or
associations owning or operating any street or other railway in any city or town.
No Change Since 1953
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Last revised: Thursday, May 28, 2009