New York § 97 - 97Switch and side-track connections; powers of commissioner

§ 97. 97Switch and side-track connections; powers of commissioner

§ 97. Switch and side-track connections; powers of commissioner. 1. A railroad company upon the application of any shipper tendering traffic for transportation, shall construct, maintain and operate upon reasonable terms a switch connection or connections with a lateral line of railroad or private side-track owned, operated or controlled by such shipper, and shall, upon the application of any shipper, provide upon its own property a side-track and switch connection with its line of railroad, whenever such side-track and switch connection is reasonably practicable, can be put in with safety and the business therefor is sufficient to justify the same. 2. If any railroad company shall fail to install or operate any such switch connection with a lateral line of railroad or any such side-track and switch connection as aforesaid, after written application therefor has been made to it, any corporation or person interested may present the facts to the commissioner by written petition, and the commissioner shall investigate the matter stated in such petition, and give such hearing thereon as he may deem necessary or proper. If the commissioner finds that it is safe and practicable to have a connection, substantially as prayed for, established or maintained, and that the business to be done thereon justifies the construction and maintenance thereof, he shall make an order directing the construction and establishment thereof, specifying the reasonable compensation to be paid for the construction, establishment and maintenance thereof, and may in like manner upon the application of the railroad company order the discontinuance of such switch connection. 3. The commissioner shall have power, where in his judgment it is reasonably necessary, to make delivery to, or complete delivery by a railroad company to require such railroad company to operate upon the property of another a switch or side-track, and construct and maintain a proper connection thereto, with its line of railroad. Whenever the shipper and the carrier shall be unable to agree as to the terms of agreements respecting such switches or side-tracks, whether on the property of the railroad company or of another, and such connections, made between a railroad company and the owner or occupant of any premises served or to be served by such switch, or side-track, or connection, the same shall be subject to the approval of the commissioner.