TCA § 65-11-104 — Noncompliance with § 65-11-103 — Misdemeanor

The failure of any such person to comply with the requirements of § 65-11-103 is a Class C misdemeanor. Acts 1899, ch. 356, § 2; Shan., § 1594a2; Code 1932, § 2661; T.C.A. (orig. ed.), § 65-1104; Acts 1989, ch. 591, § 113. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 . NOTES TO DECISIONS 1. Construction of Road Across Highway. 2. Obstruction of Public Highway. 3. Recovery by County for Rebuilding Bridge. 1. Construction of Road Across Highway. A railroad company, in constructing its road over or across a public highway, must, if possible, construct its road without any inconvenience to the public; but if it cannot be done without some inconvenience, it must be done with the least possible inconvenience. If a bridge or substituted road be necessary to prevent the obstruction, the railroad company must build it immediately or in a reasonable time, and cannot delay it until its road is completed. The company must so use its own rights as not to injure or take away the rights of others. These are the rules under the common law, and the established rules, whether the obstruction of the highway be expressly prohibited in the charter or general statutes. Louisville & N. R. Co. v. State, 40 Tenn. 523, 1859 Tenn. LEXIS 150 (1859); Dyer County v. Railroad, 87 Tenn. 712, 11 S.W. 943, 1889 Tenn. LEXIS 21 (1889); Memphis, P. P. & B. R. Co. v. State, 87 Tenn. 746, 11 S.W. 946, 1889 Tenn. LEXIS 23 (1889); Harriman v. Southern Ry., 111 Tenn. 538, 82 S.W. 213, 1903 Tenn. LEXIS 44 (1903). The railroad company and its successors must, if not relieved by statute, not only restore the public road, but must erect and maintain perpetually all structures and keep up all repairs made necessary by such crossing, for the safety and convenience of public travel. Dyer County v. Railroad, 87 Tenn. 712, 11 S.W. 943, 1889 Tenn. LEXIS 21 (1889); Memphis, P. P. & B. R. Co. v. State, 87 Tenn. 746, 11 S.W. 946, 1889 Tenn. LEXIS 23 (1889); Harriman v. Southern Ry., 111 Tenn. 538, 82 S.W. 213, 1903 Tenn. LEXIS 44 (1903); Louisville & N.R.R. v. United States Iron Co., 118 Tenn. 194, 101 S.W. 414, 1906 Tenn. LEXIS 90 (Tenn. Dec. 1906); City of Chattanooga v. Southern Ry., 128 Tenn. 399, 161 S.W. 1000, 1913 Tenn. LEXIS 57 (1913). 2. Obstruction of Public Highway. Railroad companies are indictable for obstructing public roads, highways, and streets. Louisville & N. R. Co. v. State, 40 Tenn. 523, 1859 Tenn. LEXIS 150 (1859); Memphis, P. P. & B. R. Co. v. State, 87 Tenn. 746, 11 S.W. 946, 1889 Tenn. LEXIS 23 (1889); State v. Railroad, 91 Tenn. 445, 19 S.W. 229, 1892 Tenn. LEXIS 12 (1892). The acquittal of the railroad company of the criminal charge of maintaining a nuisance in the public road at its crossing is not available, as res judicata, in a suit by the county to recover of the railroad company the costs of removing the obstruction constituting the nuisance, by rebuilding a dilapidated and dangerous bridge for the county road crossing over the railroad. Dyer County v. Railroad, 87 Tenn. 712, 11 S.W. 943, 1889 Tenn. LEXIS 21 (1889). 3. Recovery by County for Rebuilding Bridge. When the railroad company fails or refuses to perform its duty touching structures and repairs at its intersection with a public road, the county may have the work done and recover the reasonable costs thereof from the railroad company. The railroad company will be liable to the county for a new bridge erected by county, shown to be such as the necessities of public travel demand, and substantially the same as the one originally erected by the company, though not exactly the same structure that the company would have erected had it undertaken the task. Dyer County v. Railroad, 87 Tenn. 712, 11 S.W. 943, 1889 Tenn. LEXIS 21 (1889).