Effective - 28 Aug 1939
389.670. Storm sewers along railroad right-of-way in cities or towns under 30,000. — 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.
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(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.
Structure 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 389.320 - 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 389.620 - 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 389.670 - 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 389.790 - 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 389.990 - Bell and whistle at crossings — penalty.
Section 389.991 - Definitions.
Section 389.992 - Division of motor carrier and railroad safety regulations.
Section 389.996 - Investigation of accidents, notice of an accident.
Section 389.999 - Causes of action existing prior to August 13, 1988.