Nebraska § 15-261 - Railroads; railroad crossings; buses; safety regulations; installation of safety devices.

§ 15-261. Railroads; railroad crossings; buses; safety regulations; installation of safety devices.

A city of the primary class may regulate railroad crossings, provide precautions, and prescribe rules for running railway engines or cars, and their speed, for prevention of accidents at crossings or on tracks or by fires from railway engines. A city of the primary class may regulate the running of buses and require heating and cleaning thereof. A city of the primary class may require reasonable lighting of railway crossings in such manner as the city council may prescribe. If the owner or operator fails to comply, the city may cause such requirement to be complied with and assess the expense of such requirements against such railway company to be collected as other taxes and to be a lien on the real estate belonging to such company, or may enforce compliance by action of mandamus. The city may enforce such regulations as are otherwise provided by law and may require railways to keep flagpersons at all railway street crossings where necessary to protect the public against injury to person or property, and require the installation, maintenance, and proper operation of gates, flashing signals, or other warning devices to ensure such safety. A city of the primary class may compel railways to conform tracks to grades at any time established, to keep tracks level with the street surface, and may compel railways to keep streets open, construct and keep in repair ditches, drains, sewers, and culverts along or under their right-of-way or tracks, and lay and maintain paving upon their whole right-of-way on paved streets.

Selection and grading of streets by railway company for its track are subject to regulation and control of city. Omaha, L. & B. Ry. Co. v. City of Lincoln, 97 Neb. 122, 149 N.W. 319 (1914).