TITLE 39
Public Utilities and Carriers

CHAPTER 39-2
Duties of Utilities and Carriers

SECTION 39-2-6


§ 39-2-6 Repair and construction of highway bridges used by street railways.

Whenever any highway bridge over which a street railway is operated shall become unsafe for public travel, the public utility operating the railway shall pay the whole expense of repairing, strengthening, or reconstructing the bridge, if the bridge would be safe for public travel if the railway were not operated over it; but, if a reconstruction of the bridge or the construction of a new bridge is required for any other cause, or if the bridge would be unsafe for public travel if the railway were not operated over it, then so much of the expense of repairing, strengthening, constructing, or reconstructing the bridge as may be equitable shall be paid by the public utility operating the railway. In the event of any disagreement between the public utility and the town or city bound by law to maintain the bridge, as to the necessity of any repair or reconstruction thereof, or as to the character of the repair or reconstruction, or as to the apportionment of the expense of the repair or reconstruction, the commission, upon application of any party in interest, and after due hearing, shall make such orders as it shall deem necessary, in the interest of public safety, for the repair, strengthening, or reconstruction of the bridge, and shall determine in accordance with the principle herein stated, the portion of the expense of the repair, strengthening, or reconstruction which shall be borne by the public utility.

History of Section.
(P.L. 1912, ch. 795, § 53; G.L. 1923, ch. 253, § 52; G.L. 1938, ch. 122, § 49; G.L. 1956, § 39-2-6; P.L. 1969, ch. 240, § 2.)