Rhode Island General Laws 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 that 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.
Terms Used In Rhode Island General Laws 39-2-6
- Commission: means the public utilities commission. See Rhode Island General Laws 39-1-2
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Public utility: means and includes every company that is an electric distribution company and every company operating or doing business in intrastate commerce and in this state as a railroad, street railway, common carrier, gas, liquefied natural gas, water, telephone, telegraph, and pipeline company, and every company owning, leasing, maintaining, managing, or controlling any plant or equipment, or any part of any plant or equipment, within this state for manufacturing, producing, transmitting, distributing, delivering, or furnishing natural or manufactured gas, directly or indirectly, to or for the public, or any cars or equipment employed on, or in connection with, any railroad or street railway for public or general use within this state, or any pipes, mains, poles, wires, conduits, fixtures, through, over, across, under, or along any public highways, parkways, or streets, public lands, waters, or parks for the transmission, transportation, or distribution of gas for sale to the public for light, heat, cooling, or power for providing audio or visual telephonic or telegraphic communication service within this state, or any pond, lake, reservoir, stream, well, or distributing plant or system employed for the distribution of water to the consuming public within this state, including the water supply board of the city of Providence; provided, that, except as provided in § 39-16-9 and in P. See Rhode Island General Laws 39-1-2
- Street railway: means and includes every railway by whatsoever power operated or any extension or extensions, branch, or branches thereof, for public use in the conveyance in this state of persons or property for compensation, being mainly upon, along, above, or below any street, avenue, road, highway, bridge, or public place in any city or town, and including all switches, spurs, tracks, rights of trackage, subways, tunnels, stations, terminals, and terminal facilities of every kind, used, operated, controlled, or owned by or in connection with any street railway. See Rhode Island General Laws 39-1-2
- town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9