389.990. Bell and whistle at crossings--penalty. - Missouri Statutes

Bell and whistle at crossings--penalty.

389.990. A bell shall be placed on each locomotive engine,and be rung at a distance of at least eighty rods from the placewhere the railroad shall cross any traveled public road orstreet, and be kept ringing until it shall have crossed such roador street, or a horn or whistle shall be attached to such engineand be sounded at least eighty rods from the place where therailroad shall cross any such road or street, except in cities,and be sounded at intervals until it shall have crossed such roador street, under a penalty of twenty dollars for every neglect ofthe provisions of this section, to be paid by the corporationowning the railroad, to be sued for by the prosecuting or circuitattorney of the proper circuit, within ten days after suchpenalty was incurred, one-half thereof to go to the informer andthe other half to the county; and said corporation shall also beliable for all damages which any person may hereafter sustain atsuch crossing when such bell shall not be rung or such horn orwhistle sounded as required by this section; provided, however,that nothing herein contained shall preclude the corporation suedfrom showing that the failure to ring such bell or sound suchhorn 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.