As used in this title: (1) “Private crossings” shall mean and refer to those crossings over railroad tracks at grade that have been established by written agreement between the railroad, the tracks of which are being crossed, and the party or parties who are given exclusive right of passage over the private crossing. (2) “Public crossings” shall mean and refer to those crossings of railroad tracks at grade that have been laid out or built with the consent of the commission expressed in writing as provided in § 39-8-3, or have been designated as public crossings by order of a court of competent jurisdiction.
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