Missouri Revised Statutes
Chapter 389 - Regulation of Railroad Corporations
Section 389.310 - Upon failure to furnish cars, shippers may furnish them — penalty for failure to return.

Effective - 28 Aug 1939
389.310. Upon failure to furnish cars, shippers may furnish them — penalty for failure to return. — 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.
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(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, 226.008

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXV - Incorporation and Regulation of Certain Utilities and Carriers

Chapter 389 - Regulation of Railroad Corporations

Section 389.005 - Division, transferred to department of transportation.

Section 389.007 - Official Missouri railroad, when designated.

Section 389.060 - Ejection of passengers, when lawful.

Section 389.300 - To deliver and receive freight at crossing of other roads — to maintain switches — penalty for failure.

Section 389.310 - Upon failure to furnish cars, shippers may furnish them — penalty for failure to return.

Section 389.320 - Pooling prohibited.

Section 389.540 - Shipments of grain in bulk.

Section 389.550 - Consignments to elevators declared temporary.

Section 389.560 - Time allowed for removing grain from cars.

Section 389.570 - No discrimination allowed in shipping grain — grain to be weighed and shortage made up.

Section 389.580 - Permission to erect structures or tract — violation, penalty — division may order track removed from service until in compliance.

Section 389.610 - Railroad crossings construction and maintenance, highways and transportation commission to have exclusive power to regulate and provide standards — apportionment of cost.

Section 389.612 - Grade crossing safety account created — fee charged, amount — who must pay — purpose and use of fund — transfer to state road fund, when.

Section 389.614 - Warning signals for crossings presumed adequate — duty of reasonable care required of railroads.

Section 389.615 - Study on grade crossing closures — due when — division may employ additional track safety specialists, when.

Section 389.620 - Railroads required to pave right-of-way at street crossings.

Section 389.630 - Railroad failing to pave, city to proceed, how.

Section 389.645 - Crossing in city, town or village, division may regulate, when.

Section 389.650 - Lawful fences, gates, who may build — trespassers.

Section 389.653 - Trespass to railroad property, penalties.

Section 389.660 - Right-of-way to be drained — duty of railroad to construct and maintain ditches and drains — violations subject to injunction and damages, costs and expenses.

Section 389.665 - Right-of-way to be cleared of weeds and brush to prevent fires, violation, damages and costs — public grade crossings to be clear of vegetation and undergrowth.

Section 389.670 - Storm sewers along railroad right-of-way in cities or towns under 30,000.

Section 389.680 - Railroad storm sewers — intersection with city sewer system.

Section 389.690 - Railroad storm sewers — liability for damages — penalties.

Section 389.700 - Application of sections 389.700 to 389.730 — term railroad defined.

Section 389.710 - Lights to be placed on certain switches, when, by whom.

Section 389.730 - Liability for noncompliance — action for damages.

Section 389.780 - Switch and sidetrack connection — powers of division of motor carrier and railroad safety.

Section 389.790 - Safety switch appliances and guard rails to be maintained — penalty.

Section 389.795 - Walkways and handrails on bridges and trestles.

Section 389.797 - Employee walkways to be kept clear, enforcement.

Section 389.800 - Contributory negligence not to relieve from liability.

Section 389.810 - Engines to be equipped with power drive wheel brakes.

Section 389.820 - Safety appliances — automatic couplers.

Section 389.830 - Standard drawbars to be used — height of same.

Section 389.840 - Cars to be equipped with air or power brakes.

Section 389.850 - Application of provisions of sections 389.810 to 389.870.

Section 389.860 - Penalty for violation of sections 389.810 to 389.870 — suit, where brought.

Section 389.870 - Employee not guilty of contributory negligence, when.

Section 389.900 - Locomotives to be equipped with electric headlights — power of same — exceptions.

Section 389.920 - First aid kits, duty of railroad to provide — rules regulating.

Section 389.945 - Safety rules for motor vehicles used to transport employees by rail — hearings — inspection of vehicles — penalties.

Section 389.990 - Bell and whistle at crossings — penalty.

Section 389.991 - Definitions.

Section 389.992 - Division of motor carrier and railroad safety regulations.

Section 389.993 - Rules and regulations, hearings required — must conform with federal standards — how amended.

Section 389.994 - Rulemaking authority on constructing and maintaining walkways adjacent to industrial railroad trackage — definition of industrial railroad trackage — hearings required — amending rules — authority to issue cease and desist order.

Section 389.996 - Investigation of accidents, notice of an accident.

Section 389.997 - Railroad car loading requirements — exception — motor carrier and railroad safety division of the department of economic development to enforce.

Section 389.998 - Violations and penalties — enforcement — action by division, jurisdiction — penalties or forfeitures paid into school fund.

Section 389.999 - Causes of action existing prior to August 13, 1988.

Section 389.1005 - Light rail safe operation, maintenance and use — division's powers and duties — funds to be used, how — operator to file statement.

Section 389.1010 - Light rail safety fund created, administration of — lapse into general revenue prohibited.