Sec. 33-2. Permission to construct not to relieve railroad of liability.
The city, in granting permission to any railroad company to occupy or cross with its tracks any street, shall be deemed thereby to grant such permission only so far as it may lawfully do so, without incurring any liability to property owners for the exercise by the railroad company of the rights and privileges so granted; and such company shall be and remain liable to property owners injuriously affected by the construction or use and maintenance of such road or tracks, precisely as if such permission by the city had not been granted. (Code 1959, § 28-2)
Last updated date: 10/23/2006 4:15:21 PM