Ohio § 4907.43

§ 4907.43.

When the tracks of a railroad and the tracks of an interurban or suburban railway

cross, connect, or intersect, and such tracks are of the same gauge, the companies

owning such railroads may connect such tracks so as to admit the passage of cars from

one to the other with facility. If any such railroads fail to make such connection, upon complaint of any party authorized

by Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code to file complaint,

the public utilities commission shall proceed to hear and determine the same in a

manner provided for making investigations upon complaint. If upon such hearing the commission finds that it is practicable and reasonably necessary

to accommodate the public, to connect such tracks and that when so connected it will

be practicable to transport cars over such railroad without endangering the equipment,

tracks, or appliances of either company, the commission shall make an order requiring

such railroads to make connection.  Such order shall describe the terms and conditions and shall apportion the cost

of making such connection between the railroads. When such connection is made, the railroads parties to it, according to their respective

powers, shall afford all reasonable and proper facilities for the interchange of traffic

between their respective lines for forwarding and delivering passengers and property,

and without unreasonable delay or discrimination shall transfer, switch, and deliver

freight or passenger cars destine to a point on its own or connecting lines.  Precedence may be given to livestock and perishable freight over other freight.  Whenever a derailing device is required at the intersection of any railroads mentioned

in this section, it shall be installed, maintained, and operated as required by the

commission, which may prescribe the necessary rules and regulations for such operation,

and designate the companies that shall be responsible for the operation of such derailing

device.