N.Y. Railroad Law § 100: Temporary leave granted by court to a street surface railroad; bond

§ 100. Temporary leave granted by court to a street surface railroad;

bond. Whenever the railroad or route of any street surface railroad

corporation shall intersect and cross, or shall cross the tracks and

roadbed of any railroad, operated by locomotive, steam or other power,

which are laid in, across or upon the surface of any street, avenue,

road or highway in any city, town or village of the state, having less

than five hundred thousand inhabitants and such street surface railroad

corporation having been unable to agree with the corporation owning the

tracks and roadbed so intersected or to be intersected and crossed, as

to the line or lines, grade or grades, points or manner of such

intersection and crossing, or upon the compensation to be made therefor,

shall have applied to the court by petition to appoint commissioners to

determine the same, the court shall upon application made by such street

surface railroad corporation, at, or after, the time of the appointment

of such commissioners, or if an answer to the petition of such street

surface railroad corporation has been interposed, at any time

thereafter, direct that such street surface railroad corporation be

permitted to lay its tracks across, and to intersect, upon the surface

of the street, avenue, road or highway, the tracks and roadbed of such

railroad operated by locomotive steam or other power, provided such

street surface railroad corporation shall at the time of obtaining such

order, make and file with the clerk of said court, its bond or

undertaking in writing, in an amount and with surety or sureties to be

approved by the court, conditioned for the full and faithful performance

by such street surface railroad corporation of any and all conditions

and requirements which may be imposed by said commissioners and be

affirmed by the court, in determining the line or lines, grade or

grades, points or manner of such intersection and crossing and as to the

amount of compensation to be paid therefor, and also conditioned to

conform such crossing and intersection made by virtue of such order of

the court to the requirements made by said commissioners as affirmed by

the court.