Missouri Statute | Act | Code |Incorporation And Regulation Of Certain Utilities And Carriers| US Code - US Statute | Chapter 389 Regulation Of Railroad Corporations

USA Statutes : missouri
Title : INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter : Chapter 389 Regulation of Railroad Corporations

Except as otherwise provided in this section and sections
104.805, 226.008, 389.610, and 621.040, RSMo, all the powers, duties and
functions of the division of motor carrier and railroad safety relating
to rail transportation activities, including all rules and orders, as
provided in this chapter and chapters 388, 391 and 622, RSMo, are hereby
transferred to the department of transportation, which is in the charge
of the highways and transportation commission, by type I transfer as set
forth in the Omnibus State Reorganization Act of 1974. Except as
otherwise provided, all personnel of the division of motor carrier and
railroad safety are transferred to the department of transportation by
section 226.008, RSMo, except that the administrative law judge is
transferred by section 226.008, RSMo, to the administrative hearing
commission. (L. 1988 S.B. 676, A.L. 1993 S.B. 52, A.L. 2002 S.B. 1202)

Effective 7-11-02

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

Any railroad which transverses the boundaries of Missouri and is
domiciled within Missouri may be designated by the division of tourism as
an official Missouri railroad. (L. 2003 S.B. 529 § 389.1020)

If any passenger shall refuse to pay his fare, or shall behave
in an offensive manner, or be guilty of repeated violations of the rules
of the company, it shall be lawful for the conductor of the train and the
servants of the corporation to put him and his baggage out of the cars,
using no unnecessary force, at any usual stopping place, or near any
dwelling house, as the conductor shall elect, on stopping the train.
(RSMo 1939 § 5173)

Prior revisions: 1929 § 4708; 1919 § 9898; 1909 § 3093

1. Every railroad corporation organized or doing business under
the laws of this state, or by the authority thereof, shall receive and
deliver all grain or other freight consigned to its care for
transportation at the crossings and junctions of all other railroads,
canals and navigable rivers; and shall, at all cities and at all towns
along the line of their railroad having a population of two hundred
inhabitants or more, construct and maintain switches and freight houses
for the receipt and delivery of grain and other freight that may be
tendered to such railroad for transportation; and shall stop at least one
train daily thereat to receive and unload freight. And whenever in the
opinion of the motor carrier and railroad safety division of the
department of economic development of this state the amount of business
is such as to require the same, such railroad, after due notice from such
motor carrier and railroad safety division of the department of economic
development to do so, shall maintain a freight agent at such station for
the purpose of receiving and delivering freight.

2. Any railroad corporation failing or refusing to comply with the
provisions of this section, after thirty days' notice given, shall be
adjudged guilty of a misdemeanor and shall be fined in the sum of ten
dollars, to be recovered by indictment or information in any court having
jurisdiction thereof, and each day that said railroad corporation shall
so fail or refuse to comply with the provisions of this section after the
expiration of thirty days after such notice, shall constitute a separate
offense. (RSMo 1939 § 5229)

Prior revisions: 1929 § 4772; 1919 § 9960; 1909 § 3158

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

1. Whenever any railroad corporation shall fail, neglect or
refuse to furnish, within a reasonable time after demand of a station
agent, sufficient cars to supply any party desiring to ship property,
then such party shall have the right to furnish cars, which shall be
switched and hauled to their destination without unreasonable delay or
discrimination in any manner between such cars and cars belonging to the
corporation or any other person.

2. Any party furnishing cars as aforesaid shall pay to the railroad
corporation a reasonable compensation for the service rendered, and in
case an agreement cannot be reached as to such compensation, the motor
carrier and railroad safety division of the department of economic
development shall fix the same, and when such compensation has been so
fixed, it shall be prima facie evidence that the same is reasonable.

3. Any railroad company failing or refusing to transport and return the
cars furnished by said party or corporation mentioned in this section,
shall pay to the party or corporation aggrieved the sum of five hundred
dollars for each and every such offense, together with a reasonable
attorney's fee, to be recovered by civil action in any court of competent
jurisdiction, and every day of such refusal on the part of any railroad
company to transport and return such cars as aforesaid after demand is
made, shall be deemed a separate offense. (RSMo 1939 § 5230)

Prior revisions: 1929 § 4773; 1919 § 9961; 1909 § 3160

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

It shall be unlawful for any common carrier, subject to the
provisions of this chapter, to enter into any contract, agreement or
combination with any other common carrier or carriers for the pooling of
freights of different and competing railroads, or to divide between them
the aggregate net proceeds of the earnings of such railroads, or any
portion thereof; and in case of an agreement for the pooling of freights
as aforesaid, each day of its continuance shall be deemed a separate
offense. (RSMo 1939 § 5243)

Prior revisions: 1929 § 4798; 1919 § 9987; 1909 § 3186

1. Every individual, company or corporation owning, managing or
operating, or who may hereafter own, manage or operate any railroad or
part of a railroad over bridges or through tunnels, as well as elsewhere,
in this state, who carry passengers or whose duty it is to carry
livestock as a common carrier, are hereby required to furnish to all
shippers of livestock, having a right to accompany the same, a caboose or
other suitable car for the transportation of such shipper or shippers to
the actual place of unloading such shipments.

2. And said owners or shippers shall be carried and furnished free
transportation to the place of destination and return; provided, that
only one man or person shall be carried free of charge for each
consignment or shipment; and be it further provided, that all such
cabooses or cars on such trains shall be furnished with a toilet room for
the accommodation of passengers.

3. Any railroad, corporation or company doing business in this state
refusing or failing to comply with the requirements of this section shall
be deemed guilty of a misdemeanor, and upon conviction thereof, shall be
fined in a sum not less than one hundred dollars nor more than five
hundred dollars for each day's negligence or refusing to comply with the
requirements of this section after the enactment and passage of the same
as required by law, and all moneys arising as such fine shall revert to
the public school fund of this state. (RSMo 1939 § 5209)

Prior revisions: 1929 § 4751; 1919 § 9938; 1909 § 3135

Any individual, company or corporation violating the provisions
of section 389.440 shall, upon conviction thereof, be deemed guilty of a
misdemeanor, and fined in any sum of not less than fifty nor more than
five hundred dollars. (RSMo 1939 § 5210)

Prior revisions: 1929 § 4752; 1919 § 9939; 1909 § 3136

1. Every railroad corporation which shall receive any grain in
bulk for transportation to any place within the state shall transport and
deliver the same to any consignee, elevator, warehouse or place to whom
or to which it may be consigned and directed; provided, such person,
warehouse or place can be reached by any track owned, leased or used, or
which can be used by such corporation; and every such corporation shall
permit connections to be made and maintained with its track to and from
any and all public warehouses where grain is or may be stored.

2. Any such corporation neglecting or refusing to comply with the
requirements of this section shall be liable to all persons injured
thereby for all damages which they may sustain on that account, whether
such damages result from any depreciation in the value of such property,
by such neglect or refusal to deliver such grain as directed, or in loss
to the proprietor or manager of any public warehouse to which it is
directed to be delivered and costs of suit, including such reasonable
attorney's fees as shall be taxed by the court.

3. And in case of any second or later refusal of such railroad
corporation to comply with the requirements of this section, such
corporation shall be, by the court, in an action on which such failure or
refusal shall be found, adjudged to pay, for the use of the people of
this state, a sum of not less than one thousand nor more than five
thousand dollars, for each and every such failure or refusal, and this
may be a part of the judgment of the court in any second or later
proceeding against such corporation.

4. In case any railroad corporation shall be found guilty of having
violated, failed or omitted to observe and comply with the requirements
of this section, or any part thereof, three or more times, it shall be
lawful for any person interested to apply to a court of competent
jurisdiction, and obtain the appointment of a receiver to take charge of
and manage such railroad corporation until all damages, penalties, costs
and expenses adjudged against such corporation for any and every
violation shall, together with interest, be fully satisfied. (RSMo 1939 §
5225)

Prior revisions: 1929 § 4768; 1919 § 9956; 1909 § 3153

All consignments of grain to any elevator or public warehouse
shall be held to be temporary, and subject to change by the consignee or
consignor, at any time previous to the actual unloading of such property
from the cars in which it is transported. Notice of any change in
consignment may be served by the consignee on any agent of the railroad
corporation having the property in possession, who may be in charge of
the business of such corporation at the point where such property is to
be delivered; and if, after such notice, and while the same remains
uncanceled, such property is delivered in any way different from such
altered or changed consignment, such railroad corporation shall, at the
election of the consignee or person entitled to control such property, be
deemed to have illegally appropriated such property to its own use, and
shall be liable to pay the owner or consignee of such property the value
of the property, and shall forfeit and pay to the owner or consignee the
sum of twenty-five dollars, to be recovered by civil action before any
court of competent jurisdiction; and no extra charge shall be permitted
by the corporation having the custody of such property in consequence of
such change of consignment. (RSMo 1939 § 5226)

Prior revisions: 1929 § 4769; 1919 § 9957; 1909 § 3154

Any consignee or person entitled to receive the delivery of
grain transported in bulk by any railroad shall have forty-eight hours,
free of expense, after actual notice of arrival by the corporation to the
consignee, in which to remove the same from the cars of such railroad
corporation if he shall desire to receive it from the cars on the track,
which forty-eight hours shall be held to embrace such time as the car
containing such property is placed and kept by such corporation in a
convenient and proper place for unloading. And it shall not be held to
have been placed in a proper place for unloading unless it can be reached
by the consignee or person entitled to receive it, with teams or other
suitable means for removing the property from the car, and reasonably
convenient to the depot of such railroad corporation at which it is
accustomed to receive and unload merchandise consigned to that station or
place. Nothing herein contained, however, shall be held to authorize the
changing of any consignment of grain except as to the place at which it
is to be delivered or unloaded, nor shall such change of consignment in
any degree affect the ownership or control of property in any other way.
(RSMo 1939 § 5227)

Prior revisions: 1929 § 4770; 1919 § 9958; 1909 § 3155

Every railroad corporation chartered by or organized under the
laws of this state, or doing business within the limits of the same, when
desired by any person wishing to ship any grain over its road, shall
receive and transport such grain, in bulk or otherwise, within a
reasonable time, and load the same either upon its track, at its depot,
or at any warehouse adjoining its track or sidetrack, without
distinction, discrimination or favor between one shipper and another, and
without distinction or discrimination as to the manner in which such
grain is offered to it for transportation, or as to the person, warehouse
or place to whom or to which it may be consigned; and at all stations
where scales are required to be kept, at the time such grain is received
by it for transportation, such corporation shall carefully and correctly
weigh the same, and issue to the shipper thereof a receipt or bill of
lading for such grain, in which shall be stated the true and correct
weight, and such corporation shall weigh out and deliver to such shipper,
his consignee or other person entitled to receive the same, at the place
of delivery, the full amount of such grain, without any deduction for
leakage, shrinkage or other loss in the quantity of the same, except that
one-half of one percent shall be allowed for leakage, shrinkage or other
loss on bulk grain. In default of such delivery, the corporation so
failing to deliver the full amount of such grain shall pay to the person
entitled thereto the full market value of any such grain not delivered at
the time and place when and where the same should have been delivered.
(RSMo 1939 § 5228)

Prior revisions: 1929 § 4771; 1919 § 9959; 1909 § 3156

1. No railway or railroad corporation, county, municipality,
township, or other corporation, firm or person shall hereafter erect or
cause to be erected any passenger or freight station platforms, or any
permanent structure over or contiguous to any railroad track or tracks,
switch or siding, such as shop buildings, coalbins, manufacturing and
industrial buildings or any other structure whatsoever, without first
having secured permission so to do from the division, and it shall be the
duty of the division to promulgate uniform rules governing clearances in
the construction of such structures as soon after the passage of this law
as the same may be reasonably done, except that after the promulgation of
uniform rules as aforesaid by the division, it shall not be necessary to
procure permission from the division to erect any structure aforesaid
that is erected in conformity to such rule.

2. Upon application therefor, the division may authorize the construction
of structures at less than the minimum vertical or horizontal clearances
required by statute or rule if the division finds that construction at
the prescribed clearance would be unreasonable. This subsection shall
apply to all structures built over or contiguous to the track of a
railroad, including signal lines or wires.

3. Except in cases in which the division finds that such construction is
unreasonable, bridges, viaducts, tunnels, overhead roadways, footbridges,
wire or other structure hereafter built over the track or tracks of a
railroad or railroads by a county, municipality, township, railroad
company, or other corporation, firm or person, shall be not less than
twenty-two feet in the clear from the top of the rails of such track or
tracks, to such wire or other structure or to the bottom of the lowest
sill, girder or cross beam, and the lowest downward projection on the
bridges, viaduct, tunnel, overhead roadway or footbridge.

4. Except in cases in which the division finds that such construction is
unreasonable, no track shall be constructed adjacent to any building or
structure, nor shall any signal post, switch stand, building or any other
structure be constructed adjacent to any track, which has a horizontal
clearance of less than eight feet six inches from the center of the
track, measured at right angles thereto, except that the division may
after hearing promulgate rules allowing exceptions to such minimum
horizontal clearance with reference to docks, bridges, engine terminal
and shop structures, engine houses, engine and car repair shops, cinder
conveyors, turntables*, working platforms and working structures inside
of engine houses and repair shops, platforms for loading and unloading of
freight, including livestock and express matter, passenger loading
platforms, retainers, guards, structures or materials placed by owners or
operators of a railroad while engaged in the construction, maintenance or
repair of a railroad track or other structure, adjacent track centers,
low switch stands, dwarf signals, automatic train stop wayside inductors,
mail cranes, canopies at passenger stations and terminals, third rail
conductors, tracks where curvature is six degrees or more, and wire,
cable conductors, trolley wires, guards, guys and other apparatus or
fixtures used in connection therewith, as the division deems to be
reasonable, prudent and consistent with employee and public safety.

5. Any person, corporation or other entity who erects any structure or
causes any structure to be erected, or who constructs any track or
structure or causes any track or structure to be constructed in violation
of any of the provisions of this section or any rule made under this
section is subject to a civil penalty or forfeiture of not less than one
hundred dollars nor more than two thousand dollars for each offense. The
division may recover such a penalty or forfeiture from any such person,
corporation or entity under the same terms and conditions as provided in
section 389.998.

6. Whenever any structure or track is erected or constructed in violation
of any of the provisions of this section or any rule made under this
section, the division in addition to any other remedies provided by law
may order that any such track shall be removed from service until and
unless the structure or track so erected or constructed is removed or
reconstructed to conform to the requirements of this section and the
rules made under this section. (RSMo 1939 § 5130, A.L. 1988 S.B. 676)

Prior revision: 1929 § 4657

*Word "turnables" appears in original rolls.

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

1. No public road, highway or street shall be constructed across
the track of any railroad corporation, nor shall the track of any
railroad corporation be constructed across a public road, highway or
street, nor shall the track of any railroad corporation be constructed
across the track of any other railroad or street railroad corporation at
grade nor shall the track of a street railroad corporation be constructed
across the tracks of a railroad corporation at grade, without having
first secured the permission of the state highways and transportation
commission, except that this subsection shall not apply to the
replacement of lawfully existing tracks. The commission shall have the
right to refuse its permission or to grant it upon such terms and
conditions as it may prescribe.

2. Every railroad corporation shall construct and maintain good and
sufficient crossings and crosswalks where its railroad crosses public
roads, highways, streets or sidewalks now or hereafter to be opened.

3. The state highways and transportation commission shall make and
enforce reasonable rules and regulations pertaining to the construction
and maintenance of all public grade crossings. These rules and
regulations shall establish minimum standards for:

(1) The materials to be used in the crossing surface;

(2) The length and width of the crossing;

(3) The approach grades;

(4) The party or parties responsible for maintenance of the approaches
and the crossing surfaces.

4. The state highways and transportation commission shall have the
exclusive power to determine and prescribe the manner, including the
particular point of crossing, and the terms of installation, operation,
maintenance, apportionment of expenses, use and warning devices of each
crossing of a public road, street or highway by a railroad or street
railroad, and of one railroad or street railroad by another railroad or
street railroad. In order to facilitate such determinations, the state
highways and transportation commission may adopt pertinent provisions of
The Manual on Uniform Traffic Control Devices for Streets and Highways or
other national standards.

5. The state highways and transportation commission shall have the
exclusive power to alter or abolish any crossing, at grade or otherwise,
of a railroad or street railroad by a public road, highway or street
whenever the state highways and transportation commission finds that
public necessity will not be adversely affected and public safety will be
promoted by so altering or abolishing such crossing, and to require,
where, in its judgment it would be practicable, a separation of grades at
any crossing heretofore or hereafter established, and to prescribe the
terms upon which such separation shall be made. When a road authority
lawfully closes or vacates a roadway which provided access to a railroad
crossing, the state highways and transportation commission shall issue an
order authorizing removal of the crossing by the railroad within thirty
days of being notified of such action by the roadway authority or
railroad.

6. The state highways and transportation commission shall have the
exclusive power to prescribe the proportion in which the expense of the
construction, installation, alteration or abolition of such crossings,
the separation of grades, and the continued maintenance thereof, shall be
divided between the railroad, street railroad, and the state, county,
municipality or other public authority in interest.

7. Any agreement entered into after October 13, 1963, between a railroad
or street railroad and the state, county, municipality or other public
authority in interest, as to the apportionment of any cost mentioned in
this section shall be final and binding upon the filing with the state
highways and transportation commission of an executed copy of such
agreement. If such parties are unable to agree upon the apportionment of
the cost, the state highways and transportation commission shall
apportion the cost among the parties according to the benefits accruing
to each. In determining such benefits, the state highways and
transportation commission shall consider all relevant factors including
volume, speed and type of vehicular traffic, volume, speed and type of
train traffic, and advantages to the public and to such railroad or
street railroad resulting from the elimination of delays and the
reduction of hazard at the crossing.

8. Upon application of any person, firm or corporation, the state
highways and transportation commission shall determine if an existing
private crossing has become or a proposed private crossing will become
utilized by the public to the extent that it is necessary to protect or
promote the public safety. The state highways and transportation
commission shall consider all relevant factors including but not limited
to volume, speed, and type of vehicular traffic, and volume, speed, and
type of train traffic. If it be determined that it is necessary to
protect and promote the public safety, the state highways and
transportation commission shall prescribe the nature and type of crossing
protection or warning device for such crossing, the cost of which shall
be apportioned by the state highways and transportation commission among
the parties according to the benefits accruing to each. In the event such
crossing protection or warning device as prescribed by the state highways
and transportation commission is not installed, maintained or operated,
the crossing shall be closed to the public.

9. The exclusive power of the state highways and transportation
commission pursuant to this section shall be subject to review,
determination, and prescription by the administrative hearing commission,
upon application to the administrative hearing commission by any
interested party in accordance with section 621.040, RSMo. Upon filing of
an application pursuant to this subsection, the administrative hearing
commission is vested with the exclusive power of the state highways and
transportation commission otherwise provided in this section, with
reference to matters reviewed, determined or prescribed by the
administrative hearing commission. (RSMo 1939 § 5214, A.L. 1988 S.B. 676,
A.L. 1996 S.B. 780, A.L. 2002 S.B. 1202, A.L. 2004 H.B. 795, et al.)

Prior revisions: 1929 § 4757; 1919 § 9944; 1909 § 3141

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

(1955) Instruction stating railroad was under duty to maintain crossing
in condition making it reasonably safe for public travel and to make
repairs on defects which made crossing unsafe held erroneous as requiring
more than statute requires. Patterson v. Thompson (A.), 277 S.W.2d 314.

(1967) An "approach to a railroad crossing" means that prepared or made
condition on the highway necessary to make a safe, easy, and convenient
way across the tracks. Throckmorton v. Wabash Railroad Co. (A.), 409
S.W.2d 260.

(2001) Section does not negate common law duty of railroad to use
reasonable care in providing adequate warning of railroad crossings.
Alcorn v. Union Pacific R.R. Co., 50 S.W.3d 226 (Mo.banc).

1. The owner of a motor vehicle shall pay a railroad crossing
safety fee of twenty-five cents when such person registers or renews the
registration of a motor vehicle. All revenue collected by the director of
revenue pursuant to this section shall be deposited in the state treasury
to the credit of the state highways and transportation department fund in
an account to be known as the "Grade Crossing Safety Account", which is
hereby created.

2. Funds from the grade crossing safety account shall be used for
installation, construction or reconstruction of automatic signals or
other safety devices or other safety improvements at crossings of
railroads and public roads, streets or highways. That portion of the
costs proportioned to the state, county, municipality or other public
authority in interest, for installation, construction or reconstruction
of automatic signals or other safety devices or other safety improvements
at crossings of railroads and public roads, streets or highways which the
division of motor carrier and railroad safety orders pursuant to section
389.610 shall be paid out of the grade crossing safety account, except
that when any part of such costs can be paid from funds available under
any federal program or the Federal-Aid Highway Act such part shall not be
paid from the grade crossing safety account. No more than ninety percent
of the cost of improving any grade crossing shall be paid out of the
grade crossing safety account. The division shall, in cooperation with
other governmental agencies of the state, determine if any portion of the
cost can be paid from funds available pursuant to any federal program or
the Federal-Aid Highway Act. The division may order the payment of the
amount determined pursuant to section 389.610 to the person, firm, or
corporation entitled thereto from the grade crossing safety account.
Notwithstanding any other provision of this section to the contrary, the
division of motor carrier and railroad safety within the department of
economic development may expend annually out of the grade crossing safety
account an amount not greater than one hundred thousand dollars of the
total annual receipts deposited in the state treasury to the credit of
such account to pay for administrative expenses of the division incurred
in carrying out the division's railroad grade crossing closure program.
The provisions of this section shall not limit or enlarge the division's
expenditures out of the grade crossing safety account for any other
purposes or the division's expenditures out of any other account or fund.

3. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, moneys in the grade crossing safety account shall not be
transferred and placed to the credit of the state road fund until the
amount in the account at the end of the biennium exceeds two times the
amount encumbered from the account to carry out the purposes of this
section in the preceding fiscal year. The amount, if any, in the account
which shall be transferred to the credit of the state road fund shall be
that amount in the account which exceeds two times the amount encumbered
from the account to carry out the purposes of this section in the
preceding fiscal year. (L. 1992 S.B. 765 § 1, A.L. 1999 H.B. 678)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

Railroad warning devices which are installed or maintained by
order or by rule of the division of motor carrier and railroad safety are
presumed to be adequate and appropriate warning devices for the crossing.
All railroads shall continue to exercise reasonable care at railroad
crossings for the safety of the members of the public using the crossing.
(L. 1992 S.B. 765 § 2)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

The division of motor carrier and railroad safety shall conduct
a study to establish priorities for grade crossing closures and a plan
for implementing grade crossing closures. The study is to be completed by
January 1, 1994, and is not to be paid for from the grade crossing safety
account. To promote the safety of railroad tracks at crossings, the
division may employ additional track safety specialists, subject to
appropriations, or available federal or private funding. (L. 1992 S.B.
765 § 3)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

Whenever any city, town or village in this state, whether acting
under special charter or organized under the general incorporation laws
relating to cities, towns and villages, shall, by ordinance duly enacted
order any street, alley, avenue, public highway or sidewalk now existing
therein or which may hereafter be created and opened for public use, or
any part or parts thereof, to be graded, constructed, reconstructed,
paved, guttered, curbed or otherwise improved or repaired, it shall be
the duty of every railroad corporation owning, operating or leasing any
railroad which abuts or adjoins any such street, alley, avenue, public
highway or sidewalk, to grade, construct, reconstruct, pave, gutter, curb
or otherwise improve and repair the part or parts of such street, alley,
avenue, public highway or sidewalk upon which the right-of-way of such
railroad so abuts or adjoins, to the same extent, of like materials and
of as good quality, as such city, town or village has required, or shall
in such ordinance require, of the other property owners abutting upon
such street, alley, avenue, public highway or sidewalk in the grading,
constructing, reconstructing or otherwise improving or repairing of such
street, alley, avenue, public highway or sidewalk. (RSMo 1939 § 5215,
A.L. 1988 S.B. 676)

Prior revisions: 1929 § 4758; 1919 § 9945; 1909 § 3142

If any such railroad corporation fail, neglect or refuse to
grade, construct, reconstruct, pave, gutter, curb, or otherwise improve
or repair any such street, alley, avenue, public highway or sidewalk, or
part or parts thereof, as provided in the foregoing section, the city,
town or village ordering any such work to be done, or the authorities
thereof having legal control or charge of said street, alley, avenue,
public highway or sidewalk therein, shall notify such railroad
corporation to grade, construct, reconstruct, pave, gutter, curb or
otherwise improve or repair the part or parts of any such street, alley,
avenue, public highway, or sidewalk in accordance with the terms of the
ordinance requiring the same to be done, which notice shall be in writing
and shall be served by delivering a copy of the same to the station agent
of said railroad corporation nearest to the street, alley, avenue, public
highway or sidewalk over or upon which said railroad crosses, abuts or
adjoins. Upon the service of such notice, if such railroad corporation
fail, neglect or refuse to grade, construct, reconstruct, pave, gutter,
curb or otherwise improve or repair any such street, alley, avenue,
public highway or sidewalk, as above provided, within thirty days from
the service of said notice, said city, town or village, or the
authorities thereof having in charge the streets, alleys, avenues, public
highways or sidewalks therein, may proceed to grade, construct,
reconstruct, pave, gutter, curb or otherwise improve or repair said
street, alley, avenue, public highway or sidewalk, as in said ordinance
required, and shall be entitled to recover double the amount expended,
together with all costs, in the name of the city, town or village, or
other competent authority, at whose expense the work was done, in any
court of competent jurisdiction, from such railroad corporation so
failing, neglecting or refusing to perform the same. (RSMo 1939 § 5216)

Prior revisions: 1929 § 4759; 1919 § 9946; 1909 § 3143

The division, upon application or complaint by a city, town or
village, or upon its own motion, may regulate the crossing within a
municipality of a highway, street or roadway with railroad tracks,
require precautions, regulate the running, handling and operation of
railway engines and cars, govern the speed of railway engines, cars and
trains, and make and enforce orders and restrictions to promote public
safety and convenience at such crossings and on such railroad tracks. (L.
1988 S.B. 676)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

1. Every railroad corporation formed or to be formed in this
state, and every corporation to be formed under this chapter, or any
railroad corporation running or operating any railroad in this state,
shall erect and maintain lawful fences on the side of the road where the
same passes through, along or adjoining enclosed or cultivated fields or
unenclosed lands, with openings and gates therein, to be hung and have
latches or hooks, so that they may be easily opened and shut, at all
necessary farm crossings of the road, for the use of the proprietors or
owners of the land adjoining such railroad, and also to construct and
maintain cattle guards, where fences are required, sufficient to prevent
horses, cattle, mules and all other animals from getting on the railroad;
and until fences, openings, gates and farm crossings and cattle guards as
aforesaid shall be made and maintained, such corporation shall be liable
in double the amount of all damages which shall be done by its agents,
engines or cars to horses, cattle, mules or other animals on said road,
or by reason of any horses, cattle, mules or other animals escaping from
or coming upon said lands, fields or enclosures, occasioned in either
case by the failure to construct or maintain such fences or cattle guards.

2. After such fences, gates, farm crossings and cattle guards shall be
duly made and maintained, said corporation shall not be liable for any
such damage, unless negligently or willfully done.

3. If any corporation aforesaid shall, after three months from the time
of the completion of its road through or along the lands, fields or
enclosures herein named, fail, neglect or refuse to erect or maintain in
good condition any fence, openings or farm crossings or cattle guards as
herein required, then the owners or proprietors of said lands, fields or
enclosures may erect or repair such fences, openings, gates or farm
crossings or cattle guards, and shall thereupon have a right to sue and
recover from such corporation in any court of competent jurisdiction the
cost of such fences, openings, gates, cattle guards or repairs, together
with a reasonable compensation for his time, trouble and labor in and
about the construction of such fences, openings, gates or cattle guards,
or the making of such repairs, together with ten percent interest per
annum thereon, from the time of the service of process upon such
corporation in such suit; provided, that before such repairs are
commenced, such owner shall give five days' notice, in writing, to the
railroad company, by delivering a copy thereof to the nearest section
foreman or station agent of such railroad company, that the railroad
fence needs repairs at a place or point named in the notice, on the lands
of such owner.

4. And in every such action, if the plaintiff recover judgment, there
shall be taxed as costs against the defendant an attorney's fee, to be
fixed by the court or associate circuit judge before which or whom the
cause may be pending, at such sum as may be a reasonable compensation for
all legal services rendered for plaintiff in the case, without regard to
any agreement between plaintiff and his counsel as to fees; but such fee
shall not be taxed so long as any appeal taken in such case shall remain
undisposed of.

5. And if any person shall ride, lead or drive any horses or other
animals upon such road within such fences and guards other than a farm
crossing, without the consent of the corporation, he shall, for every
such offense, forfeit and pay a sum not exceeding ten dollars, and shall
also pay all damages which shall be sustained thereby to the party
injured.

6. If any person not connected with or employed upon the railroad shall
walk upon the track or tracks thereof, except where the same shall be
laid across or along a publicly traveled road or street, or at any
crossing, as herein provided, and shall receive harm on account thereof,
such person shall be deemed to have committed a trespass in so walking
upon said track in any action brought by him on account of such harm
against the corporation owning such railroad, but not otherwise. (RSMo
1939 § 5218)

Prior revisions: 1929 § 4761; 1919 § 9948; 1909 § 3145

CROSS REFERENCE: Injury to stock because of insufficient fence, damages,
RSMo 537.270 to 537.290

(1952) Trustee operating railroad held subject to double damages upon
violation of this section as against contention that trustee was not
"railroad corporation". Beck v. Thompson (A.), 245 S.W.2d 174.

1. Any person who commits the following acts shall be deemed
guilty of a "trespass to railroad property":

(1) Throwing an object at a railroad train or rail-mounted work
equipment; or

(2) Maliciously or wantonly causing in any manner the derailment of a
railroad train, railroad car or rail-mounted work equipment.

2. Any person committing a trespass to railroad property pursuant to this
section shall be deemed guilty of a class A misdemeanor.

3. Notwithstanding subsection 2 of this section, any person committing a
trespass to railroad property pursuant to this section resulting in the
damage or destruction of railroad property in an amount exceeding one
thousand five hundred dollars or resulting in the injury or death of any
person shall be deemed guilty of a class D felony.

4. Notwithstanding subsection 2 of this section, any person committing a
trespass to railroad property pursuant to this section who discharges a
firearm or a weapon at a railroad train or rail-mounted work equipment
shall be deemed guilty of a class D felony.

5. Nothing in this section shall be construed to interfere with either
the lawful use of a public or private railroad crossing, or as limiting a
representative of a labor organization which represents or is seeking to
represent the employees of the railroad, from conducting such business as
provided by the Railway Labor Act.

6. As used in this section, "railroad property" includes, but is not
limited to, any train, locomotive, railroad car, caboose, rail-mounted
work equipment, rolling stock, work equipment, safety device, switch,
electronic signal, microwave communication equipment, connection,
railroad track, rail, bridge, trestle, right-of-way or any other property
owned, leased, operated or possessed by a railroad. (L. 1996 S.B. 780 §
13)

It shall be the duty of every corporation or person owning or
operating any railroad or branch thereof in this state, and of any
corporation or person constructing any railroad in this state, within
three months after the completion of the same through any county in this
state, to cause to be constructed and maintained suitable openings across
and through the right-of-way and roadbed of such railroad, and suitable
ditches and drains along the roadbed of such railroad, to connect with
ditches, drains and watercourses, so as to afford sufficient outlet to
drain and carry off the water, including surface water, along such
railroad whenever the draining of such water has been obstructed or
rendered necessary by the construction of such railroad, except that such
openings, ditches and drains shall not be required to be reconstructed by
the corporation to accommodate changes in land conditions not caused by
the corporation. Any corporation or person owning land adjoining such
railroad where such ditches or drains are necessary is authorized to
require the railroad company to construct and maintain such ditches or
drains by an action against the railroad company for a mandatory
injunction; and in case such corporation or person shall fail or neglect
to construct and maintain such ditches or drains within the time limited
in this chapter, any corporation or person owning land adjoining such
railroad where such ditches or drains are necessary is hereby authorized,
after giving thirty days' notice, in writing, to such owner or operator
of such railroad, by service upon any person authorized to receive
service of legal process on behalf of the corporation within this state,
to cause such ditches, drains, openings, culverts or trestles to be
constructed and maintained, and such landowner may maintain an action
against such corporation, company or person so failing to construct and
maintain such ditches or drains, in any court of competent jurisdiction,
and shall be entitled to recover all costs, expenses and damages incurred
and accruing in the construction and maintenance of or damages for
failure to construct and maintain such ditches, drains, openings,
culverts or trestles which actions for damages and for mandatory
injunction under this subsection shall be the only remedies maintainable
against a railroad company for its failure to construct and maintain
suitable ditches and drains. (RSMo 1939 § 5222, A.L. 1953 p. 517, A.L.
1976 S.B. 616, A.L. 1988 S.B. 676)

Prior revisions: 1929 § 4765; 1919 § 9953; 1909 § 3150

(1951) Deed reciting agreement that drainage ditch is sufficient and
adequate to protect plaintiff's lands from overflow constitutes no bar to
an action for damages to land resulting from negligent maintenance of
such ditch by railroad. Struckoff v. Thompson (A.), 241 S.W.2d 39.

(1956) Where railroad maintained a fill for its tracks which blocked the
flow of water in a natural watercourse in flood time it was liable for
damages resulting from the flood. Buschellberg v. C.B. & Q.R. Co. (A.),
289 S.W.2d 447.

(1967) There is no duty on a railroad to let water through its embankment
unless there exists a connecting ditch, drain, or watercourse below the
embankment into which the water may flow as the laws place upon a
railroad no duty, and grants it no permission, to enter upon any servient
land to construct or to enlarge any existing ditch, drain or watercourse
to increase its water carrying capacity and a railroad may not make an
opening in its roadbed and discharge accumulated surface water on an
adjacent property, when no ditch, drain or watercourse exists to carry it
away without incurring liability for such action. Temple v. Atchison,
Topeka & Santa Fe Railroad Co. (Mo.), 417 S.W.2d 97.

(1974) Held this section is not an exclusive remedy and does not bar a
common law action for trespass. Hawkins v. Burlington Northern Inc.
(Mo.), 514 S.W.2d 593.

1. It shall be the duty of every corporation or person owning or
operating any railroad or branch thereof in this state to keep the
right-of-way reasonably clear of brush and high weeds, by cutting,
burning, chemical spraying, plowing under, or other appropriate means for
the purpose of preventing the spread of fire, and in case such
corporation or person shall fail or neglect to do so, any person owning
land adjoining such railroad is hereby authorized, after giving three
days' notice, in writing, to such owner or operator of the railroad, by
service upon any person authorized to receive service of legal process on
behalf of the corporation within this state to cause such brush and high
weeds upon the right-of-way occupied by the railroad company to be cut
and removed, burned, plowed, or sprayed with chemical material for
killing such brush and high weeds in front of and adjoining his land, and
such landowner may maintain an action against the corporation or person
so failing to perform this duty, in any court of competent jurisdiction,
and shall be entitled to recover double the amount of all expenses and
damages incurred and accruing thereby, together with costs.

2. It shall be the duty of every corporation or person owning or
operating any railroad or branch thereof in this state to maintain the
right-of-way at public grade crossings so that it will be reasonably
clear of vegetation, undergrowth or other debris for a distance of two
hundred fifty feet each way from the near edge of such crossings where
such things would materially obscure approaching trains from the view of
travelers on the highway. (L. 1988 S.B. 676)

1. It is hereby made the duty of every person, company or
corporation, owning, operating or controlling any railroad or railroad
right-of-way passing through any incorporated village, town or city
within this state, containing a population of thirty thousand inhabitants
or less, to construct at their own expense, within the corporate limits
of such village, town or city along the lines of their said railroads or
railroad right-of-way, such sewers as shall be of sufficient capacity to
at all times carry off all the surface water that may collect or
accumulate along their right-of-way.

2. Such sewers shall be constructed in a substantial manner, and cemented
on their sides and bottoms so as to give to same a hard, smooth surface,
and shall be of sufficient volume and depth to carry off at all times all
surface water, with such facility as to prevent at all times an overflow
therefrom. They shall have good, safe wagon and foot crossings
constructed over them, at such places where the village, town or city by
ordinance shall direct, and where it is necessary for public travel.

3. It shall be the further duty of all such persons, companies and
corporations to construct under their railways, from one side of their
right-of-way to the other, such sewers as shall by the city council,
board of aldermen or legislative body of such villages, towns or cities
be deemed necessary to facilitate the proper drainage of such village,
town or city as provided herein. (RSMo 1939 §§ 7530, 7531, 7532)

Prior revisions: 1929 §§ 7376, 7377, 7378; 1919 §§ 8784, 8785, 8786; 1909
§§ 9640, 9641, 9642

(1960) Constitutionality of this statute as applied to combined sanitary
and storm sewer raised but not decided. C.B. & Q.R. Co. v. City of North
Kansas City, 276 F.2d 932.

(1963) Sections 389.670 to 389.690 apply only to surface water drainage
sewers and railroad was not liable for construction across its
right-of-way of combination sanitary and storm sewer with pipes buried at
different depths underground and a sewage pumping station to maintain the
flow. Chicago, B. & Q.R. Co. v. North Kansas City (Mo.), 367 S.W.2d 561.

1. Whenever any such village, town or city shall, by ordinance,
deem it necessary to construct any public or district sewer, it shall,
after the passage of the ordinance deeming such work necessary, cause its
civil engineer, street commissioner or any other suitable person to file
plans, profile and specifications for such sewer with the clerk of such
village, town or city, which plans, specifications and profile shall show
the points of intersection of such sewer with such railroad right-of-way,
also the grade of the bottom of such sewer, its breadth and depth, with a
general statement of the material to be used in its construction,
together with such information as will be necessary to a correct
understanding of the general plan for the building of such sewer.
Thereupon it shall cause a copy of such plans, specifications and
profile, together with a general statement sufficiently succinct and
explanatory to give a correct understanding of the plan adopted for the
building of said sewer, to be served on said person, company or
corporation, together with a notice directed to such person, company or
corporation to construct the section of said sewer to extend from one
side of the said right-of-way to the other, in accordance with such plans
and specifications, and within a certain time, not less than thirty days,
and not more than three months from the date of the service of such
notice.

2. Such notice, plans and specifications shall be served on the person,
company or corporation owning or controlling said right-of-way by the
chief of police or marshal of such village, town or city, who shall
deliver a copy of the notice, plans and specifications to the nearest
station agent of such person, company or corporation; and he, the said
officer, shall make return on the original notice of the time and manner
of service, and file the same with the village, town or city, as the case
may be. Such service shall be a sufficient legal service. Thereupon such
person, company or corporation shall proceed to construct such section of
the proposed sewer at their own expense.

3. If, after the service of such notice, plans and specifications as
herein provided, such person, company or corporation shall fail, neglect
or refuse to so construct said section of the proposed sewer across their
right-of-way within the time mentioned in such notice, then for each day
after the expiration of said time that said person, company or
corporation shall neglect, fail or refuse to construct or complete said
section of such proposed sewer, they shall forfeit and pay to such
village, town or city the sum of twenty-five dollars, to be recovered by
civil action in the circuit court of the county in which such village,
town or city is situated. (RSMo 1939 §§ 7533, 7534)

Prior revisions: 1929 §§ 7379, 7380; 1919 §§ 8787, 8788; 1909 §§ 9643,
9644

1. In addition to such penalty herein prescribed, such person,
company or corporation shall, by reason of such failure to build said
section of sewer, be liable in damages to any person whose premises or
property is overflowed or otherwise damaged by reason of such failure,
and such persons may recover their damages in the circuit court of said
county.

2. No notice whatever shall be necessary to enforce compliance with the
provisions of section 389.670, but they shall be and are hereby made
self-enforcing, but any person whose property shall be damaged by an
overflow of water thereon by reason of such person, company or
corporation's failure to build such sewers may recover double the amount
of his damages in any court of competent jurisdiction. (RSMo 1939 §§
7535, 7536)

Prior revisions: 1929 §§ 7381, 7382; 1919 §§ 8789, 8790; 1909 §§ 9645,
9646

1. The provisions of sections 389.700 to 389.730 shall apply to
any common carrier or carriers, their officers, agents and employees,
engaged in the transportation of passengers or property by railroad
operating in whole or in part in the state of Missouri.

2. The term "railroad" as used in this law shall include all bridge and
ferry companies, terminal and switching companies used or operated in
connection with any railroad, light rail or railway operating in this
state. (RSMo 1939 § 5281, A.L. 1988 S.B. 676)

Prior revisions: 1929 § 4853; 1919 § 10040

All common carriers, their officers, agents and employees
operating any railroad in this state are hereby required to maintain
lights between sunset and sunrise on all lead switches in yards, where
cars are switched in making up or breaking up of trains and maintain
lights on switches on main lines where trains are operated at night,
except that this section shall not apply to main lines equipped with
centralized traffic control signals, interlocking and remote control type
of electric signaling, main lines equipped with automatic block signals
where a block signal is located one thousand feet or less in advance of a
switch or to trailing point switches on double track. The division may,
after hearing, authorize or require the substitution for the above
enumerated switch lights such other safety devices as it may find proper
or necessary. (RSMo 1939 § 5282, A.L. 1959 H.B. 345, A.L. 1988 S.B. 676)

Prior revisions: 1929 § 4854; 1919 § 10041

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

When any employee or other person shall be injured, maimed or
killed, by reason of noncompliance with the provisions of sections
389.700 to 389.730, then in any action for damage which may be instituted
against any railroad company, corporation or lessee for such injury,
maiming or killing, proof of contributory negligence on the part of any
employee or other persons so injured, maimed or killed, shall not relieve
such railroad company, corporation or lessee from liability. (RSMo 1939 §
5284)

Prior revisions: 1929 § 4856; 1919 § 10043

1. A railroad corporation, upon the application of any shipper
tendering traffic for transportation, shall construct, maintain and
operate upon reasonable terms a switch connection or connections with a
lateral line of railroad or private sidetrack owned, operated or
controlled by such shipper, and shall, upon the application of any
shipper, provide upon its own property a sidetrack and switch connection
with its line of railroad, whenever such sidetrack and switch connection
is reasonably practicable, can be put in with safety and the business
therefor is sufficient to justify the same.

2. If any railroad corporation shall fail to install or operate any such
switch connection with a lateral line of railroad or any such sidetrack
and switch connection as aforesaid, after written application therefor
has been made to it, any corporation or person interested may present the
facts to the division of motor carrier and railroad safety by written
petition, and the division shall investigate the matter stated in such
petition, and give such hearing thereon as it may deem necessary or
proper. If the division be of opinion that it is safe and practicable to
have a connection, substantially as prayed for, established or
maintained, and that the business to be done thereon justifies the
construction and maintenance thereof, it shall make an order directing
the construction and establishment thereof, specifying the reasonable
compensation to be paid for the construction, establishment and
maintenance thereof, and may in like manner upon the application of the
railroad corporation order the discontinuance of such switch connection.
(RSMo 1939 § 5604)

Prior revisions: 1929 § 5148; 1919 § 10437

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

1. All companies or corporations, lessees or other persons
owning or operating any railroad or part of railroad in this state, are
hereby required, on or before the first day of September, 1907, to adopt,
put in use and maintain the best known appliances or inventions to fill
or block all switches, frogs and guard rails on their roads, in all
yards, divisional and terminal stations, and where trains are made up, to
prevent, as far as possible, the feet of employees or other persons from
being caught therein.

2. Any company or corporation, lessee or other person, owning or
operating any railroad, or part of a railroad, in this state, who shall
fail to do any act or thing in this section required to be done, or shall
cause any act or thing not to be done, or shall aid or abet any such
omission, shall be deemed guilty of a violation of this law, and shall
forfeit and pay the sum of ten dollars for every such offense, and each
day shall constitute a separate and distinct offense. At every term of a
court of record of this state having criminal jurisdiction, the judge
thereof shall direct and charge grand juries to make special inquiry as
to violation of this section. (RSMo 1939 § 5233)

Prior revisions: 1929 § 4776; 1919 § 9964; 1909 § 3163

In cases in which the motor carrier and railroad safety division
of the department of economic development finds the same to be practical
and necessary for safety of railroad employees, bridges and trestles,
over and upon which railroad trains are operated, shall include as a part
thereof, safe and suitable walkway and handrail on one side only of such
bridge or trestle, and such handrail shall be located at the outer edge
of said walkway and shall provide a clearance of not less than eight
feet, six inches, from the center line of the nearest track, measured at
right angles thereto. (L. 1959 H.B. 301 § 1, A.L. 1969 H.B. 409)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

Any person, firm or corporation doing business in this state
shall keep and maintain those margins alongside their tracks, where
railroad employees are required to walk in the course of their duties,
reasonably free from debris, vegetation and any hazards known or which
should have been known to exist, which affect the safety of such
employees. The division may enforce this section and prosecute any
violation thereof. The division shall prescribe rules for the
construction and maintenance of walkways and the materials used in such
walkways. Any track found to be in violation of this section may be
removed from service by order of the division. (L. 1961 p. 416 §§ 1, 2,
A.L. 1988 S.B. 676)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

When any employee or other person shall be injured, maimed or
killed, by reason of the noncompliance with the provisions of section
389.790, then in any action for damages which may be instituted against
any railroad company, corporation or lessee for such injuring, maiming or
killing, proof of contributory negligence or carelessness on the part of
any employee or other person so injured, maimed or killed, shall not
relieve such railroad company, corporation or lessee from liability.
(RSMo 1939 § 5234)

Prior revisions: 1929 § 4777; 1919 § 9965; 1909 § 3164

From and after the first day of January, 1908, it shall be
unlawful for any person, persons, partnership or corporation, operating
any line of railroad, in whole or in part, within this state, either as
owner, lessee or receiver, for the purpose of moving freight or
passengers between points wholly within this state, to use upon such line
of railroad any locomotive or engine to move such train of cars over such
railroad without having such locomotive or engine equipped with power
drive wheel brakes and fully and properly equipped with air brake
appliances so that the engineer operating such locomotive or engine shall
have the means of fully and completely controlling the air brakes on the
cars attached to said locomotive and engine without recourse to hand
brakes, except in cases of emergency. (RSMo 1939 § 5235)

Prior revisions: 1929 § 4778; 1919 § 9966; 1909 § 3165

From and after the first day of January, 1908, it shall be
unlawful for any person, persons, company or corporation, operating any
line of railroad, in whole or in part, in this state, either as owner,
lessee or receiver, to use or permit to be used or hauled between
stations within this state, on said line of railroad, any locomotive,
tender, car or other vehicle for moving persons or freight, which shall
not be equipped with handholds, grab irons and couplers, coupling
automatically by impact, and which can be coupled without the necessity
of men going between the ends of the cars for the purpose of effecting
such coupling. (RSMo 1939 § 5236)

Prior revisions: 1929 § 4779; 1919 § 9967; 1909 § 3166

From and after the first day of January, 1908, it shall be
unlawful for any person, persons, company or corporation, operating any
line of railroad, in whole or in part, within this state, whether as
owner, lessee or receiver, to use any locomotive, tender, car or similar
vehicle for the purpose of carrying persons or freight, on its line of
railroad, between stations wholly within the state, unless such
locomotive, tender, car or other similar vehicle shall be equipped with
standard drawbars; that the standard height of drawbars on all standard
gauge roads shall be thirty-four and one-half inches, measuring from the
top of the track rails to the center of the drawbar; and upon narrow
gauge roads such standard drawbar shall be twenty-six inches from the top
of the track rails to the center of the drawbar, and the maximum
variation from such standard height to be allowed between empty and
loaded cars shall be three inches, whether or not the drawbars brought
together are of the same kind, make or type. (RSMo 1939 § 5237)

Prior revisions: 1929 § 4780; 1919 § 9968; 1909 § 3167

From and after the first day of January, 1908, it shall be
unlawful for any person, persons, company or corporation, operating any
line of railroad, in whole or in part, in this state, either as owner,
lessee or receiver, to operate any train of cars over such line of
railroad between stations within this state, unless at least seventy-five
percent of the cars composing such train shall be equipped with air or
power brakes, and any of the remaining twenty-five percent of such cars
composing such train shall be so equipped with such air or power brakes;
they shall be so associated and connected that brakes thereon can be
used, managed and operated by the engineer of the locomotive drawing such
train. (RSMo 1939 § 5238)

Prior revisions: 1929 § 4781; 1919 § 9969; 1909 § 3168

The provisions and requirements of sections 389.810 to 389.870
relating to power drive wheel brakes, train brakes, automatic couplers,
grab irons and the standard height of drawbars, shall be held to apply to
all trains, locomotives, tenders, cars and similar devices used on or by
any railroad engaged in the transportation of persons and freight between
points within the state of Missouri; provided, however, that the
provisions of said sections shall not apply to street railroads nor to
tram railroads employed in the transportation of logs. (RSMo 1939 § 5239)

Prior revisions: 1929 § 4783; 1919 § 9971; 1909 § 3170

Any such person, persons, company or corporation operating any
railroad, in whole or in part, within this state, whether as owner,
lessee or receiver, who shall violate any of the provisions of sections
389.810 to 389.870 shall be liable to the state of Missouri in a penalty
of not less than one hundred nor more than five hundred dollars for each
offense, and such penalty shall be recovered and suit therefor shall be
brought in the name of the state of Missouri, in any court of competent
jurisdiction in any county in the state, into or through which such
railway may run, by the attorney general, or under his direction, or by
the prosecuting attorney of any county through or into or out of which
trains may be operated by such railroad or by the circuit attorney in the
city of St. Louis. (RSMo 1939 § 5240)

Prior revisions: 1929 § 4784; 1919 § 9972; 1909 § 3171

Any employee of such railroad so operated as aforesaid who may
be injured by any train, locomotive, tender, car or similar vehicle in
use contrary to the provisions of sections 389.810 to 389.870 shall not
be deemed to have assumed the risk thereby occasioned, nor to have been
guilty of contributory negligence, because of continuing in the
employment of such railroad or in the performance of his duties as such
employee after the unlawful use of such train, locomotive, tender, car or
similar device shall have been brought to his knowledge. (RSMo 1939 §
5241)

Prior revisions: 1929 § 4785; 1919 § 9973; 1909 § 3172

It shall be unlawful for any person, firm or corporation,
operating a line of steam railroad in this state, to use or permit to be
used within the state of Missouri, any steam locomotive engine, between
the first day of October and the first day of April of the next
succeeding year, unless the inside of the cab on such locomotive engine
shall be supplied and equipped with not less than sixteen square feet of
heating radiation on each side thereof; and unless such locomotive engine
shall be supplied and equipped with suitable curtain or curtains, to be
located between the tender and cab of such locomotive engine, in such
manner as to exclude the rain, snow or wind from entering the cab
thereof, nor unless any openings in the deck, running board or floor of
such cab or the openings or windows in the sides and front of such cab
shall be constructed so that said openings or windows may be so securely
closed as to prevent as nearly as practicable wind, snow or rain from
entering said openings or windows. (RSMo 1939 § 5272)

Prior revisions: 1929 § 4840; 1919 § 10027

It shall be unlawful for any person, firm or corporation,
operating a steam railroad within the state, after the first day of
August, 1913, to use or permit to be used any locomotive engine within
the state of Missouri, unless such locomotive engine shall be equipped
with a seat on each side of the cab thereof, which seats shall consist of
a series of spiral, coil or elastic springs, on the top of which shall be
constructed a padding or cushion consisting of leather or a suitable
substitute thereof, stuffed or packed with hair, moss or other suitable
material commonly used for such purpose, which said seat, including the
springs thereof, shall not be greater than six nor less than four inches
in thickness. (RSMo 1939 § 5273)

Prior revisions: 1929 § 4841; 1919 § 10028

1. It shall be unlawful for any person, firm, company,
corporation, operating a railroad as a common carrier in this state, to
hereafter build and put into operation, any car used as a caboose which
does not conform to the requirements of this section.

2. Wherever glass or glazing materials are used in partitions, doors,
windows, or wind deflectors, it shall be of the safety glass type. For
the purpose of this subsection, safety glass is any type of glass or
glazing material so manufactured, fabricated, treated or combined with
other materials as to reduce, in comparison with ordinary sheet glass or
plate glass, the likelihood of injury to persons by objects, other
external sources, or by glass or glazing material when the same is
cracked or broken.

3. This section shall not apply to a caboose operated wholly within yard
limits.

4. The motor carrier and railroad safety division of the department of
economic development of Missouri shall be empowered to enforce the
foregoing subsections and prosecute any violation thereof. (L. 1963 p.
502 §§ 1 to 4)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

That all companies, corporations, lessees, owners, operators or
receivers of any railroad or railway company operating a railroad or
railway in whole or in part in this state, are hereby required to equip,
maintain and use upon every locomotive being operated in road service in
this state in the nighttime an electric headlight of fifteen hundred
candle power brilliancy, measured with the aid of a reflector, and
classification signals not less than six candle power; provided, that
nothing in this law shall be so construed as to prevent a locomotive
engine whose headlight has become defective while on the road from
proceeding to the most convenient terminal or division point where the
necessary facilities exist for remedying such defect, but nothing in this
law shall relieve any such company, corporation, lessee, owner, operator
or receiver of any railroad or railway company of any liability for
injury or damage to persons or property, or for the death of any person,
caused by proceeding with an engine having such defective headlight; and
provided further, that the provisions of this law shall not apply to
independent lines of railroad less than seventy-five miles in length; and
provided further, that the provisions of this law shall not apply during
the first ninety days of a strike of the particular employees whose
duties are to repair and maintain electric headlights. (RSMo 1939 § 5274)

Prior revisions: 1929 § 4845; 1919 § 10032

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

(1968) The failure of locomotive engineer to give statutory crossing
signals does not give drivers right to approach blind crossing
heedlessly, if they know of existence of crossing. Hupman v.
Missouri-Kansas-Texas Railroad Co. (A.), 429 S.W.2d 343.

Every corporation, lessee, owner, operator or receiver or other
person owning or operating a railroad in the state of Missouri shall
provide and maintain in a plainly marked accessible location on all
passenger train cars, cabooses, each locomotive unit capable of
independent operation and all motorized on-track work equipment used in
railroad operations, which weigh in excess of four hundred pounds, a
first aid kit conforming to such requirements as the division may, by
rule, prescribe. (RSMo 1939 § 5287, A.L. 1988 S.B. 676)

Prior revision: 1929 § 4859

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

1. The motor carrier and railroad safety division of the
department of economic development of Missouri shall make and enforce
reasonable safety rules and regulations relating to motor vehicles
designed for highway use and used by common carriers by rail to transport
employees, tools and supplies, to and from their places of employment or
during the course of their employment. These rules and regulations shall
establish minimum standards:

(1) For the construction and mechanical equipment of a motor vehicle;

(2) For the loading and carrying of tools, supplies, and employees; the
transportation of gasoline, or other inflammable materials and explosives;

(3) For the safety of employees in a motor vehicle, where gang size will
not permit all employees to ride in driver's cab, adequate seating
facilities, heating facilities and communication between cab and rear
compartment and means of retaining tools and supplies within the motor
vehicle;

(4) The rules and regulations shall apply only to vehicles acquired after
the effective date of the rules and regulations. In case of an emergency,
vehicles not complying with the rules and regulations may be used.

2. Before formulating such rules and regulations, the division of motor
carrier and railroad safety shall conduct hearings and invite
participation of interested groups. These groups may make suggestions
relating to the minimum standards to be embodied in the rules and
regulations. The division shall consider the suggestions prior to the
issuance of any rules and regulations.

3. The division may amend the rules and regulations at any time upon its
own motion or upon complaint by an individual or group, in the same
manner as it adopts other rules and regulations.

4. The division may, in enforcing the rules and regulations, inspect any
motor vehicle to which these rules apply. Upon request, the
superintendent of the Missouri state highway patrol shall assist the
division in these inspections.

5. Violation by the owner of a motor vehicle of any rule or regulation or
any amendment thereto promulgated pursuant to this section or any order
issued by the division under this section, or willful failure to comply
with such an order, is a misdemeanor, and upon conviction thereof, the
owner shall be sentenced to undergo imprisonment for not more than one
year, or to pay a fine not exceeding five hundred dollars or both. (L.
1965 p. 590 §§ 1 to 5)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

A bell shall be placed on each locomotive engine, and be rung at
a distance of at least eighty rods from the place where the railroad
shall cross any traveled public road or street, and be kept ringing until
it shall have crossed such road or street, or a horn or whistle shall be
attached to such engine and be sounded at least eighty rods from the
place where the railroad shall cross any such road or street, except in
cities, and be sounded at intervals until it shall have crossed such road
or street, under a penalty of twenty dollars for every neglect of the
provisions of this section, to be paid by the corporation owning the
railroad, to be sued for by the prosecuting or circuit attorney of the
proper circuit, within ten days after such penalty was incurred, one-half
thereof to go to the informer and the other half to the county; and said
corporation shall also be liable for all damages which any person may
hereafter sustain at such crossing when such bell shall not be rung or
such horn or whistle sounded as required by this section; provided,
however, that nothing herein contained shall preclude the corporation
sued from showing that the failure to ring such bell or sound such horn
or whistle was not the cause of such injury. (RSMo 1939 § 5213, A.L. 1955
p. 578)

Prior revisions: 1929 § 4756; 1919 § 9943; 1909 § 3140

(1953) Railroad's duty under this section is performed if it sounds
either the bell or whistle as, and for the distance, required by statute.
Chamberlain v. Thompson (Mo.), 256 S.W.2d 779.

(1954) This section does not abolish common law duty of railroad to warn
of approach of its trains at crossing, but is cumulative thereto and
provides only minimum requirements. Hackett v. Wabash R.R. Co. (Mo.), 271
S.W.2d 573.

(1955) Where railroad operated trains on property of manufacturer for the
joint benefit of the railroad and manufacturer, there was common law duty
to give warning when approaching private crossing on manufacturer's
property. Dickerson v. Term. R.R. Assn. of St. Louis (Mo.), 284 S.W.2d
568.

The following words used in sections 389.991 to 389.995 shall
mean:

(1) "Bridges", structures supporting the track or tracks over a waterway,
highway, ravine or railroad;

(2) "Carrier", any common carrier by rail;

(3) "Division", the motor carrier and railroad safety division of the
department of economic development;

(4) "Roadbed", culverts, tunnels, cuts and fills on which or through
which the tracks are located;

(5) "Tracks", rails and fastenings, ties, crossings-at-grade, both
railroad and highway, switches and their appurtenances but not including
signal equipment. (L. 1971 H.B. 288 § 1)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

The division of motor carrier and railroad safety shall make and
enforce reasonable rules and regulations establishing minimum standards
of track, bridge and roadbed inspection:

(1) For track, bridge and roadbed used by passenger trains or freight
trains;

(2) For the qualifications of the inspector;

(3) For the frequency of inspection and territory to be covered;

(4) For method of inspection, including items requiring special attention;

(5) Action to be taken when defects are found. (L. 1971 H.B. 288 § 2,
A.L. 1988 S.B. 676)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

1. Before formulating such rules and regulations, the division
of motor carrier and railroad safety shall conduct hearings and invite
participation of interested groups. These groups may make suggestions
relating to the minimum standards to be embodied in the rules and
regulations. Any rules and regulations formulated shall not be in
conflict with federal standards on the same subject matter, except as
permitted under the Federal Railroad Safety Act of 1970, or any
amendments thereto.

2. The division may amend the rules and regulations at any time upon its
own motion or upon complaint by an individual or group, in the same
manner as it adopts other rules and regulations. (L. 1971 H.B. 288 §§ 3,
4)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

1. The division shall make reasonable rules and regulations
governing the construction, reconstruction and maintenance of walkways
adjacent to industrial railroad trackage.

2. "Industrial railroad trackage" shall mean any and all tracks owned,
leased or used by any person, firm or corporation, other than a railroad
as defined by section 622.100, RSMo, which connect with the tracks of a
railroad and on which a railroad switches or operates cars or locomotives.

3. Before formulating such rules and regulations, the division shall
conduct hearings and invite participation of interested groups. These
groups shall make suggestions relating to the minimum standards to be
embodied in the rules and regulations. The division shall consider the
suggestions prior to the issuance of any rules and regulations.

4. The division may amend the rules and regulations at any time upon its
own motion or upon complaint by an individual or group, in the same
manner as it adopts other rules and regulations.

5. The division may, by order, require any railroad to cease and desist
from operating or switching cars or locomotives over any industrial
railroad trackage which is found by the division not to be in conformity
with such rules and regulations or which otherwise constitutes an unusual
hazard. (L. 1996 S.B. 780)

The division may investigate the cause of all accidents on any
railroad or street railroad within this state which result in loss of
life or injury to persons or property. Every railroad corporation and
street railroad corporation is hereby required to give immediate notice
to the division of every accident happening upon any line of railroad or
street railroad owned, operated, controlled or leased by it, within this
state in such manner as the division may direct. Such notice shall not be
admitted as evidence or used for any purpose against such railroad
corporation or street railroad corporation giving such notice in any suit
or action for damages growing out of any matter mentioned in such notice.
(L. 1996 S.B. 780)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

1. It shall be unlawful for any person, firm, company or
corporation operating a railroad as a common carrier in this state, while
transporting freight for compensation or hire, to place immediately ahead
of an occupied caboose or immediately behind an occupied locomotive, a
flat car on which are placed loads that might shift or move or bulkhead
type flat car that is loaded above the top edge of the car or beyond the
sides, or a gondola type car loaded above the edge, with pipe, lumber or
poles, or with freight or machinery which might shift or move and which
the motor carrier and railroad safety division of the department of
economic development finds, after hearing, to be an unreasonable risk to
the safety and well-being of the employees.

2. This section shall not apply to yard switching movements.

3. The motor carrier and railroad safety division of the department of
economic development of the state of Missouri shall enforce this section
and prosecute any violation thereof, as provided for in section 386.570,
RSMo. (L. 1977 H.B. 75 § 1)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

1. Any corporation or person who violates or fails to comply
with any provisions of this chapter is subject to a civil penalty or
forfeiture of not less than one hundred dollars nor more than two
thousand dollars for each offense. An action to recover a penalty or
forfeiture under this chapter or to enforce the powers of the division
under this chapter may be brought in any circuit court in this state in
the name of the state of Missouri and shall be commenced and prosecuted
to final judgment by the general counsel to the division. In any such
action all penalties or forfeitures incurred up to the time of commencing
the same may be sued for and recovered therein, and the commencement of
an action to recover a penalty or forfeiture shall not be, or be held to
be, a waiver of the right to recover any other penalty or forfeiture. If
the defendant in such action shall prove that during any portion of the
time for which it is sought to recover penalties or forfeitures for a
violation of an order or decision of the division, the defendant was
actually and in good faith prosecuting a suit to review such order or
decision in the manner as provided in chapter 622, RSMo, the court shall
remit the penalties or forfeitures incurred during the pendency of such
proceeding. All moneys recovered as a penalty or forfeiture shall be paid
to the public school fund of the state. Any such action may be
compromised or discontinued on application of the division upon such
terms as the court shall approve and order.

2. Every violation of the provisions of this or any other law or of any
order, decision, decree, rule, direction, demand or requirement of the
division, or any part or portion thereof, by any corporation or person is
a separate and distinct offense, and in case of a continuing violation of
each day's continuance thereof shall be and be deemed to be a separate
and distinct offense.

3. In construing and enforcing the provisions of this chapter relating to
penalties or forfeitures, the act, omission or failure of any officer,
agent or employee of any corporation or person acting within the scope of
his official duties of employment, shall in every case be and be deemed
to be the act, omission or failure of such corporation or person.

4. All penalties or forfeitures accruing under the provisions of this
chapter shall be cumulative of each other, and any action for the
recovery of one such penalty or forfeiture shall not be a bar to or
affect the recovery of any other penalty or forfeiture. (L. 1988 S.B. 676)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

Nothing contained in this act* shall be construed or interpreted
to limit or expand in any way the rights and remedies of any person in
any cause of action or civil proceeding. The provisions of this section
shall apply to any cause of action which arises prior to and after August
13, 1988. (L. 1988 S.B. 676 § 3)

*"This act" (S.B. 676, 1988) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

1. Except as otherwise provided in this subsection or in
subsection 2 of this section, the division of motor carrier and railroad
safety shall, after hearing, adopt, in accordance with section 622.027,
RSMo, and enforce rules relating to the safe operation, maintenance and
use of light rail, and the construction of light rail-highway crossings.
The division of transportation shall examine the manner in which light
rail property and services are safely conducted and operated. The
division shall examine compliance with all the provisions of law, orders
and decisions of the division regarding the safe operation of light rail,
except that if the United States has enacted a law, or any officer or
agency of the United States has adopted any rule, regulation, order,
decision or standard covering the subject matter of the division's rules
relating to the safe operation, maintenance and use of light rail and the
construction of light rail highway crossings, then compliance with that
statute, regulation, order, decision or standard satisfies the duty of
compliance with the law, rule, regulation, order or decision of the
division covering that subject matter. The provisions of chapter 386,
RSMo, relating to the powers and duties of the public service commission
and the procedure before the public service commission and the courts, as
well as the provisions of section 622.030, RSMo, are hereby made
applicable to the division of motor carrier and railroad safety with
regard to the safe operation of light rail as provided in this subsection.

2. The division of motor carrier and railroad safety shall not examine
any individual or joint rate, fare, toll, charge, or other compensation
of any person or any two or more persons or any schedule or tariff
setting fares or rates for light rail or the hours of service, frequency,
use and accommodations afforded customers or patrons of light rail or
products or commodities furnished in connection with the operation of
light rail.

3. The division may contract with the bi-state development agency created
by section 70.370, RSMo, for safety consultation pursuant to the
division's duties created by this section. Any moneys paid pursuant to
this subsection shall be deposited in the light rail safety fund created
in section 389.1010.

4. The division shall render a statement of such assessment to each light
rail operator on or before July first and the amount so assessed to each
light rail operator shall be paid by it to the director of revenue in
full on or before July fifteenth immediately following the rendition of
such statement, except that any such light rail operator may pay such
assessment in four equal installments not later than the following dates
immediately following the rendition of such statement, by making payments
on July fifteenth, October fifteenth, January fifteenth and April
fifteenth. The director of revenue shall remit such payments to the state
treasurer.

5. The state treasurer shall credit such payments to the railroad expense
fund established under section 622.015, RSMo. Notwithstanding any
provisions of section 622.015, RSMo, to the contrary, that portion of the
railroad expense fund received from light rail assessments pursuant to
this section shall be devoted solely to the payment of expenditures
incurred by the division of motor carrier and railroad safety within the
department of economic development and attributable to the regulation of
light rail.

6. In order to enable the division to make the assessments provided for
in this section, each light rail operator shall file with the division,
within ten days after August 28, 1996, and thereafter on or before March
thirty-first of each year, a statement under oath showing its total
operated train miles for the preceding calendar year, and if any light
rail operator shall fail to file such a statement within such time, the
division shall estimate such miles which estimate shall be binding on
such light rail operator for the purpose of this section. (L. 1996 H.B.
876 § 1)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

Any moneys received by the division of motor carrier and
railroad safety of the department of economic development pursuant to
subsection 3 of section 389.1005 shall be deposited in the state treasury
to the credit of the "Light Rail Safety Fund" which is hereby created.
The account shall be administered by the director of the division of
motor carrier and railroad safety. When appropriated the moneys in the
fund shall be used solely for the purpose of paying the costs of its
duties pursuant to section 389.1005. Notwithstanding the provisions of
section 33.080, RSMo, to the contrary, moneys in the light rail safety
fund at the end of any biennium shall not be transferred to the credit of
the general revenue fund. (L. 1996 H.B. 876 § 3)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

Usa-missouri Law Firm / Lawyers Services Provided in Usa-missouri :

Usa-missouri Divorce Laws, custody, Usa-missouri Corporate Lawyers, Agreement, provident fund, Registered marriage, Court marriage Lawyers, Special/ Foreign marriage, Incorporation of company, Rent, eviction, tenancy, Lease Lawyers, Usa-missouri Labour laws, Appeals, Supreme Court Lawyers, High Court Lawyers, Bail, medical, negligence, Insurance claims/ accidents Lawyer, Usa-missouri Citizenship/ immigration Lawyers, Copyright Laws, Consumer, district Lawyer, State, national, Dowry, Wills & Probate, Trust & Estates Lawyers, Intellectual Property Lawyer, Bankrupt Lawyers, Banking & Finance, Corporate, Private Business Law, Recovery, Joint Venture & Mergers, Consumer, Civil Right Law Usa-missouri, Medical Negligence, Medical Malpractice, legal notice, summons, Income Tax Lawyers, sales, Custom Law, Excise Law, octroi, cess Civil, Criminal Solicitor Usa-missouri, Registration of property, Title search, mutation relationship, Conveyance, Transfer of Property Law, Usa-missouri Property lawyer, deeds, drafts, power of attorney, Recovery, Taxation Laws in Usa-missouri

LEGAL SERVICES

Add Lawyer
Legal Enquiry
Find a Lawyer
Bare Acts / India Codes
Statutes / Code

LAWYER BY LOCATION

India Lawyer
United State Lawyer
UAE Lawyer
Canada Lawyer
Find More...

LAW PRACTICE AREA

Business Law
Employment & Labor Law
Govt. Agencis & Taxtion
Family Law
Real Estate Property Law
Immigration Law

ABOUT HELPLINELAW

About Us
Contact Us
Services
Site Map
Recommend to Friends

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.