388.310. Liability of companies for debts after sale--consolidation--lease--assignment--suits for recovery authorized.
Liability of companies for debts aftersale--consolidation--lease--assignment--suits for recoveryauthorized.
388.310. 1. Whenever any railroad, street railway, terminalor other railway corporation owning, operating, maintaining,managing or running any railway or railroad, of any kindwhatsoever, in this state, shall sell, transfer, consolidate,lease or assign any such railroad, or railway, or any partthereof or interest therein, to or with any other railroad,railway, corporation, person or persons, such railroad, railway,corporation, person or persons, and its or their successors andassigns, shall take and hold the same subject to the payment ofall judgments, claims, debts, liens and liabilities existingagainst such railroad, street railway, terminal or other railwaycorporation, at the time of the sale, transfer, consolidation,lease or assignment thereof. And whenever any such railroad,street railway or other railway company or corporation, or anyreceiver thereof, shall lease its road or tracks or any partthereof to any other company or corporation, or shall license orpermit any other company or corporation, under any runningagreement, to run cars, engines or rolling stock upon its road ortrack, in this state, the company or corporation so leasing itsroad, or such part thereof, to such other company or corporation,or so licensing or permitting the use of its road or track bysuch other company or corporation, shall remain liable for allacts, debts, claims, demands, judgments and liabilities of thelessee or licensee, or any sublessee or sublicensee, company orcorporation, the same as if it (the lessor or licensor) operatedthe road, or such part thereof, itself; and such lessee orlicensee shall likewise be held liable and may sue and be sued inall cases and for the same causes, and in the same manner, as ifoperating its own road; provided, however, that a satisfaction infull of any claim or judgment by either of such corporation orcompany shall discharge the other.
2. And suit may be brought upon any such claim, debt, lienor liability against either the corporation to whom any suchsale, transfer, lease, or assignment has been made, or with whichsuch consolidation has been had, or against the corporation soselling, transferring, leasing, consolidating or assigning, oragainst both such corporations, jointly, at the option of suchclaimant, and if any suit shall be pending against thecorporation so selling, transferring, leasing, assigning, at thetime of any such sale, transfer, consolidation, lease orassignment, the plaintiff therein may, at his option, and uponmotion, have the corporation or person so purchasing, receiving,acquiring or taking, made a party defendant jointly with theother defendant, but such plaintiff's failure to have suchcorporation made a defendant in the case shall not in any mannerprevent or bar such plaintiff from enforcing any judgmentobtained in such suit against the corporation so acquiring,purchasing or taking such railroad, or railway, or part thereof,as above provided. And for the purposes of jurisdiction andservice of process, the servants, agents, employees, officers andoffices of either of such corporations or person shall be held tobe the agents, servants, employees, officers and offices of both,and service upon the agent, officer or employee of eithercorporation shall be held and deemed sufficient and valid serviceupon both of such corporations.
(RSMo 1939 § 5163)Prior revisions: 1929 § 4690; 1919 § 9880; 1909 § 3079