§ 101. Consent of commissioner of transportation in certain cases. No
street surface railroad shall be allowed to lay its tracks at grade
across the tracks or roadbed of any railroad operated by locomotive
steam power at any point where there are three or more tracks of the
steam road proposed to be crossed, which tracks have been constructed
and in operation at least two years, unless the written consent of the
commissioner of transportation be first obtained for such crossing at
grade. But this section shall not affect the operation of the preceding
section in any suit or proceeding pending on the twenty-ninth day of
March, eighteen hundred and ninety-three, nor any renewals of said
pending suit or proceeding brought for any cause.