Missouri Revised Statutes
Chapter 389 - Regulation of Railroad Corporations
Section 389.540 - Shipments of grain in bulk.

Effective - 28 Aug 1939
389.540. Shipments of grain in bulk. — 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

<< Previous
Next >>

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.