Section 180. Motive power  


Latest version.
  • Any street surface railroad may operate any
      portion of its road by cable,  electricity,  or  any  power  other  than
      locomotive  steam  power, which said locomotive steam power is primarily
      generated by the locomotive propelling the cars, and in the use of which
      either escaping steam or smoke is visible, which may be approved by  the
      commissioner  of  transportation  and  consented  to  by  the  owners of
      one-half of the property bounded on that portion of the  railroad,  with
      respect  to  which  a  change  of  motive  power is proposed; and if the
      consent of such property owners can not be obtained,  the  determination
      of   three  disinterested  commissioners,  appointed  by  the  appellate
      division of the supreme court of the department in which  such  railroad
      is located, in favor of such motive power, confirmed by the court, shall
      be  taken  in lieu of the consent of the property owners. The consent of
      the property owners shall  be  obtained  and  the  proceedings  for  the
      appointment   and   the  determination  of  the  commissioners  and  the
      confirmation of their report shall be conducted in the manner prescribed
      in sections one hundred and seventy-one and one hundred and seventy-four
      of this article, so far as the same  can  properly  be  made  applicable
      thereto.  Any  railroad  corporation making a change in its motive power
      under this section, may make any changes in the construction of its road
      or roadbed or other property rendered necessary by  the  change  in  its
      motive  power.  Where  a  street  surface  railroad  in  the counties of
      Herkimer and Hamilton  is  located  wholly  outside  the  limits  of  an
      incorporated  city  or  village, such railroad may, with the approval of
      the commissioner of transportation,  be  operated  by  locomotive  steam
      power,  provided  that  such  steam  power  is generated by oil from and
      including April fifteenth to and including November  thirtieth,  and  by
      either  oil  or  coal from and including December first to and including
      April fourteenth.