388.300. Aiding other railroads to form connection--terms.

Aiding other railroads to form connection--terms.

388.300. 1. Any railroad company heretofore incorporated orhereafter organized in pursuance of law, may, at any time, bymeans of subscription to the capital stock of any other railroadcompany, or otherwise, aid such company in the construction ofits railroad within or without the state, for the purposes offorming a connection of the last mentioned road with the roadowned by the company furnishing such aid, or any such railroadcompany which may have built its road to the boundary lines ofthe state may extend into the adjoining state, and for thatpurpose may build, buy, lease or consolidate, in the mannerprovided in section 388.290, with any railroads in such adjoiningstate, and operate the same, and may own such real estate andother property in such adjoining state as may be convenient inoperating such road; or any railroad company organized inpursuance of the laws of this or any other state, or of theUnited States, may lease or purchase all or any part of arailroad, with all its privileges, rights, franchises, realestate and other property, the whole or a part of which is inthis state, and constructed, owned or leased by any othercompany, if the lines of the road or roads of such companies arecontinuous or connected at a point either within or without thisstate, upon such terms as may be agreed upon between saidcompanies respectively; or any railroad company duly incorporatedand existing under the laws of any state of the United States mayextend, construct, maintain and operate its railroad into andthrough this state, and for that purpose shall possess andexercise all the rights, powers and privileges conferred by thegeneral laws of this state upon railroad corporations organizedthereunder, and shall be subject to all the duties, liabilitiesand provisions of the laws of this state concerning railroadcorporations, as fully as if incorporated in this state.

2. Provided, that no such aid shall be furnished, nor anypurchase, lease, subletting or arrangements perfected until ameeting of the stockholders of said company or companies of thisstate, party or parties to such agreement, whereby a railroad inthis state may be aided, purchased, leased, sublet, consolidatedor affected by such arrangements, shall have been called by thedirectors thereof, at such times and places and in such manner asthey shall designate, sixty days' public notice thereof havingbeen previously given and the holders of a majority of the stockof such company, in person or by proxy, shall have assentedthereto, or until the holders of a majority of the stock of suchcompany shall have assented thereto, in writing, and acertificate thereof, signed by the president and secretary ofsaid company or companies, shall have been filed in the office ofthe secretary of state.

3. And provided further, that if a railroad company ofanother state shall lease a railroad, the whole or a part ofwhich is in this state, or make arrangement for operating thesame as provided in sections 388.290 and 388.300, or shall extendits railroad into this state, or through this state, such part ofsaid railroad as is within this state shall be subject totaxation, and shall be subject to all regulations and provisionsof law governing railroads in this state; and a corporation inthis state leasing its road to a corporation of another state, orlicensing or permitting a corporation of another state, under anyrunning arrangement, to run engines and cars upon its road inthis state, shall remain liable as if it operated the roaditself; and a corporation of another state, being a lessee of arailroad in this state, or running its engines and cars upon arailroad in this state under a license, permit or runningarrangement, shall likewise be held liable for the violation ofany of the laws of this state, and may sue and be sued in allcases and for the same causes and in the same manner as acorporation of this state might sue or be sued if operating itsown road; but a satisfaction of any claim or judgment by eitherof said corporations shall discharge the other; and a corporationof another state, being the lessee as aforesaid, or extending itsrailroad as aforesaid into or through this state, shall establishand maintain an office or offices in this state, at some point orpoints on the line of the road so leased or constructed andoperated, at which legal process and notice may be served as uponrailroad corporations of this state.

(RSMo 1939 § 5162)

Prior revisions: 1929 § 4689; 1919 § 9879; 1909 § 3078

(1955) Suit may not be maintained in this state against foreign railroad company for personal injuries to resident workmen where it was not licensed in this state and did not operate here except to maintain two offices for the solicitation of business. Hayman v. Southern Pac. Co. (Mo.), 278 S.W.2d 749.