§ 97. Switch and side-track connections; powers of commissioner. 1. A
railroad company upon the application of any shipper tendering traffic
for transportation, shall construct, maintain and operate upon
reasonable terms a switch connection or connections with a lateral line
of railroad or private side-track owned, operated or controlled by such
shipper, and shall, upon the application of any shipper, provide upon
its own property a side-track and switch connection with its line of
railroad, whenever such side-track and switch connection is reasonably
practicable, can be put in with safety and the business therefor is
sufficient to justify the same.

2. If any railroad company shall fail to install or operate any such
switch connection with a lateral line of railroad or any such side-track
and switch connection as aforesaid, after written application therefor
has been made to it, any corporation or person interested may present
the facts to the commissioner by written petition, and the commissioner
shall investigate the matter stated in such petition, and give such
hearing thereon as he may deem necessary or proper. If the commissioner
finds that it is safe and practicable to have a connection,
substantially as prayed for, established or maintained, and that the
business to be done thereon justifies the construction and maintenance
thereof, he shall make an order directing the construction and
establishment thereof, specifying the reasonable compensation to be paid
for the construction, establishment and maintenance thereof, and may in
like manner upon the application of the railroad company order the
discontinuance of such switch connection.

3. The commissioner shall have power, where in his judgment it is
reasonably necessary, to make delivery to, or complete delivery by a
railroad company to require such railroad company to operate upon the
property of another a switch or side-track, and construct and maintain a
proper connection thereto, with its line of railroad. Whenever the
shipper and the carrier shall be unable to agree as to the terms of
agreements respecting such switches or side-tracks, whether on the
property of the railroad company or of another, and such connections,
made between a railroad company and the owner or occupant of any
premises served or to be served by such switch, or side-track, or
connection, the same shall be subject to the approval of the
commissioner.