COMMISSION OF CONSERVATION 



269. The Board may make regulations, — 



(b) providing that coal shaU be used on all locomotives in- 



stead of wood in any district ; and 



(c) generally providing for the protection of property, and 



the protection, safety, accommodation and comfort 

 of the public, and of the employees of the company, 

 in the nmning and operating of trains by the com- 

 pany. 



296. Every company shall cause thistles and all noxious 

 weeds growing on the right of way, and upon land of the company 

 adjoining the railway, to be cut down or to be rooted out and de- 

 stroyed each year, before such thistles or weeds have sufficiently 

 matured to seed. 



297. The company shall at all times maintain and keep its 

 right of way free from dead or dry grass, weeds and other un- 

 necessary- combustible matter. 



298. (Enacted as "Whenever damage is caused to any property 

 Sec. 298 of prin- by a fire started by any railway locomotive, 



•'JP*' f^h ,^^*^ the company making use of such locomotive, 



pealldf^e^ 10,'^" whether guilty of negHgence or not, shall be 

 Chap. 22, 1911.)' liable for such damage, and 4nay be sued for 



the recovery of the amount of such damage 

 in any covirt of competent jtuisdiction ; Provided that, if it 

 be shown that the company has used modem and efficient 

 appliances, and has not otherwise been gmlty of any negligence, 

 the total amount, of compensation recoverable from the company 

 tinder this section in respect of any one or more claims for 

 damage from fire or fires started by the same locomotive and 

 upon the same occasion, shall not exceed five thousand dollars ; 

 provided also that if there is any insvirance existing on the property 

 destroyed or damaged the tot^ amoxint of damages sustained by 

 any claimant in respect of the destruction or damage of such pro- 

 perty shall, for the purposes of this subsection, be reduced by 

 the amount accepted or recovered by or for the benefit of such 

 claimant in respect of such insurance. No action shall lie against 

 the company by reason of anjrthing in any policy of insirrance 

 or by reason of payment of any moneys thereunder. The limit- 

 ation of one year prescribed by section 306 of this Act shall run 

 from the date of final judgment in any action brought by the as- 

 sured to recover such insurance money, or, in the case of settle- 

 ment, from the date of the receipt of such moneys by the assiured, 

 as the case may be. 



"2. The compensation, in case the total amotmt recovered 

 therefor is less than the claims established, shall be apportioned 

 amongst the parties who suffered the loss, as the court or judge may 

 determine. 



"3. The company shall have an insurable interest in all pro- 

 perty upon or along its route, for which it may be held liable to 

 compensate the owners for loss or damage by fire caused by a rail- 

 way locomotive, and may procure insurance thereon in its own behalf. 



