§ 176. Extension of route over rivers; terminus in other counties;
when property owners withhold consent; supreme court may appoint
commissioners. Any street railroad in operation in this state, which
shall, by a two-thirds vote of its directors, decide to extend the route
of its road, so as to cross a river over and by any bridge now or
hereafter constructed under the provisions of any law of this state, may
so extend its route over and across such bridge upon such terms as may
be mutually agreed upon between it and such bridge company, and may
locate the terminus of its road in the county adjoining the one in which
its road is now located and in operation, upon first obtaining the
consent of such bridge company or its lessees, and the consent of the
owners of one-half in value of the property bounded on, and the consent
also of the local authorities having the control of that portion of a
street or highway upon which it is proposed to construct or operate such
railroad, or in case the consent of such property owners can not be
obtained the appellate division of the supreme court in the district in
which it is proposed to be constructed may, upon application, appoint
three commissioners, who shall determine after a hearing of all parties
interested, whether such railroad ought to be constructed, or operated,
and their determination, confirmed by the court, may be taken in lieu of
the consent of the property owners. Whenever a terminus of any public
viaduct, bridge or bridges, or public viaduct connected with any bridge
or bridges, heretofore or hereafter constructed in and owned and
maintained by any city having a population of three hundred thousand or
more, or by any town adjoining the same, is or shall be located at or
adjacent to or within one-half mile of the route of any existing street
surface railroad, the corporation owning or operating such railroad may,
irrespective of any provisions otherwise applicable thereto contained in
any general or local act, upon obtaining the consent of the local
authorities and property owners as above provided, and upon complying
with the provisions of this chapter applicable thereto, extend its road
or route and construct and operate its railroad, to, upon and across
such viaduct, bridge or bridges and approaches thereto for the purpose
of connecting with another railroad route not more than one-half mile
distant from such bridge or viaduct so as to afford a continuous ride
for one fare, subject to the provisions of this chapter, or for the
purpose of reaching the depot, station or terminus of another railroad
not more than one-half mile distant from such bridge or viaduct. This
section shall not apply to any bridge over the Hudson or East rivers in
the counties of New York and Kings, nor to any bridge or viaduct
constructed under the provisions of any so-called grade crossing law.