§ 183. Construction of road in street where other road is built. No
street surface railroad corporation shall construct, extend or operate
its road or tracks in that portion of any street, avenue, road or
highway, in which a street surface railroad is or shall be lawfully
constructed, except for necessary crossings, or, in cities, villages and
towns of less than one million two hundred and fifty thousand
inhabitants over any bridges, without first obtaining the consent of the
corporation owning and maintaining the same, except that any street
surface railroad company may use the tracks of another street surface
railroad company for a distance not exceeding one thousand feet, and if
in a city having a population of less than thirty-five thousand
inhabitants, for a distance not exceeding fifteen hundred feet, and in
cities, villages and towns of less than one million two hundred and
fifty thousand inhabitants, shall have the right to lay its tracks upon,
and run over and use any bridges used wholly or in part as a footbridge,
whenever the court upon an application shall be satisfied that such use
is actually necessary to connect main portions of a line to be
constructed or operated as an independent railroad, or to connect said
railroad with a ferry, or with another existing railroad, and that the
public convenience requires the same, in which event the right to use
shall only be given for a compensation to an extent and in a manner to
be ascertained and determined by the supreme court pursuant to the
provisions of the eminent domain procedure law, or by the commissioner
of transportation in cases where the corporations interested shall unite
in a request for such commissioner of transportation to act. The supreme
court in determining the compensation to be paid for the use by one
corporation of the tracks of another shall consider and allow for the
use of the tracks for all injury and damage to the corporation whose
tracks may be so used. Any street surface railroad corporation may, in
pursuance of a unanimous vote of the stockholders voting at a special
meeting called for that purpose by notice in writing, signed by a
majority of the directors of such corporation, stating the time, place
and object of the meeting, and served upon each stockholder appearing as
such upon the books of the corporation, personally or by mail, at his
last known post office address, at least sixty days prior to such
meeting, guarantee the bonds of any other street surface railroad
corporation whose road is fully or partly in the same city or town or
adjacent cities or towns. Notwithstanding any of the provisions
contained in this section, any street surface railroad corporation
having a franchise to construct, maintain and operate in any city by
underground electric power over any one street or avenue for a distance
of more than three miles thereon, and operating under such franchise by
underground electric power on such street or avenue over tracks which
extend more than four thousand feet on each end of the tracks of another
street surface railroad corporation located on such street or avenue and
operated by underground electric power, may use the tracks of such other
street surface railroad corporation located on such street or avenue for
a distance not exceeding two thousand five hundred feet, and shall pay
therefor such compensation as may be agreed upon between such street
railroad corporations, or if such street railroad corporations can not
so agree, such compensation shall be ascertained and determined by the
supreme court pursuant to the provisions of the eminent domain procedure
law.