N.Y. Canal Law § 101: Railroads operating over canals

§ 101. Railroads operating over canals. The corporation shall have a

general supervisory power over so much of any railroad as passes over

any canal or feeder belonging to the state or approaches within ten rods

thereof, so far as may be necessary to preserve the free and perfect use

of such canals or feeders, or for making any repairs, improvements or

alterations thereupon. No railroad corporation shall construct its

railroad over or at any place within ten rods of any canal or feeder

belonging to the state, unless it submits to the corporation a map, plan

and profile of such canal or feeder and of the route designated for its

railroad, exhibiting distinctly and accurately the relation of each to

the other at all the places within the limits of ten rods thereof, and

obtains the written permission of the corporation for the construction

of such railroad, with such conditions, directions and instructions as

in its judgment the free and perfect use of any such canal or feeder may

require.

Whenever any street railroad shall cross over any bridge spanning a

canal, or canal feeder, the company owning, maintaining and operating

the same, shall be deemed liable for and shall pay all damages that may

occur or arise, either to the state or to persons, by reason of its

laying and maintaining its tracks or rail over, upon and across any such

bridge, or by reason of the operation of its cars over the same; and any

such company shall, upon demand of the corporation, make any repairs to

such structure to insure the continued safety thereof, as shall have

been rendered necessary by reason of such use of said structure by said

company. Any company maintaining or operating a street railroad over,

upon and across any such bridge shall indemnify the state including the

corporation against any and all loss, damages or claims for damages for

injuries to persons or property of passengers which shall be incurred by

or made against such state by reason of the operation of such railroad

over any such bridge, and the or corporation may, in its discretion,

require any company so maintaining or operating a street railroad to

furnish a bond, with sureties to be approved by it to indemnify the

state including the corporation from all such loss, damage or claim. All

such permits heretofore or hereafter granted shall be revocable whenever

the free and perfect use of any such canal or feeder may so require, or

if such railroad company shall fail to make any such repairs when

required by the corporation. The railroad company using or occupying any

bridge over the same shall, within a reasonable time after the service

upon it, by the corporation of a written notice of such revocation, or

to make such repairs, remove at its own cost and expense, its railroad

from such bridge and from the limits of ten rods of said canal or

feeder.