245.410. Whenever the right-of-way shall be obtained asprovided in section 245.385 over any right-of-way of anyrailroad, tramway or embankment, either by voluntaryrelinquishment of the same or by condemnation proceedings, itshall be the duty of such railway company or other person orcorporation owning such embankment, to construct its roadbed orother embankment, as high as the top of such levee, withoutopening between the points connecting such levee and the railroadtrack, roadbed or other embankments, and in case any such personor corporation shall fail or refuse to so construct itsembankment within six months after the building of such adjacentlevee, such person or corporation shall be liable in damages forall injuries of every character sustained by such levee district,or any person by reason of its failure to so construct itsembankment.
(RSMo 1939 § 12571)Prior revisions: 1929 § 10981; 1919 § 4673; 1909 § 5736