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The 189th General Court of the Commonwealth of Massachusetts

Section 117: Order for switch connection by department

Section 117. If any railroad corporation fails 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 person interested may present the facts to the department by written petition, and the department shall investigate the matters stated in such petition, and give such hearing thereon as it may deem necessary or proper. If the department deems it 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, it 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 corporation order the discontinuance of such switch connection.