Easement  not  exclusive. — A  street  railroad  does  not
acquire  such  an  easement  in  the  highway  as  to  prevent


KAILKOADS   IN   IIIGIIWAYS   AND   STKEETS.         403

another  railroad  company  from  laying  a  track  through
the  same  avenue.  (iV.  Y.  C.  B.  B.  v.  4:2d  St.  B.  B.
50  Barb.  285.)  Where  a  street  railroad  contracts  with
the  city  to  keep  the  street  in  and  about  its  rails  sale
for  the  passage  of  the  public,  it  inclades  so  much  of
the  street  surface  outside  the  rails  as  was  disturbed  in
laying  them,  pi'esumably  a  foot  outside  the  rail.  {Mc-
MaJion  V.  2d  Ave.  B.  B.  75  JY.  T.  B.  231,)  The  fact
that  a  street  railroad  company  has  agreed  to  keep  a
portion  of  a  street  in  repair,  does  not  deprive  the  city
authorities  of  the  jjower  or  absolve  them  from  the  duty
to  keep  such  streets  in  a  safe  and  proper  condition —
and  even  if  the  city  fails  to  requii-e  the  company  to
perform  its  contract,  this  is  not  an  objection  to  an  as-
sessment upon  owners  of  lots  upon  the  street  for  neces-
sary repair.  {People  v.  City  of  BrooTdyn,  65  N.  Y.
B.  349.)

4.  Over  ok  Undek  Tuknpikes  and  Plank  Roads.
Where  land  has  been  taken  for  a  turnpike  and  after-
wards transferred  by  legislative  authority  to  a  railroad
company,  without  compensation  by  the  latter  to  the.
