389.540. Shipments of grain in bulk.
Shipments of grain in bulk.
389.540. 1. Every railroad corporation which shall receiveany grain in bulk for transportation to any place within thestate shall transport and deliver the same to any consignee,elevator, warehouse or place to whom or to which it may beconsigned and directed; provided, such person, warehouse or placecan be reached by any track owned, leased or used, or which canbe used by such corporation; and every such corporation shallpermit connections to be made and maintained with its track toand from any and all public warehouses where grain is or may bestored.
2. Any such corporation neglecting or refusing to complywith the requirements of this section shall be liable to allpersons injured thereby for all damages which they may sustain onthat account, whether such damages result from any depreciationin the value of such property, by such neglect or refusal todeliver such grain as directed, or in loss to the proprietor ormanager of any public warehouse to which it is directed to bedelivered and costs of suit, including such reasonable attorney'sfees as shall be taxed by the court.
3. And in case of any second or later refusal of suchrailroad corporation to comply with the requirements of thissection, such corporation shall be, by the court, in an action onwhich such failure or refusal shall be found, adjudged to pay,for the use of the people of this state, a sum of not less thanone thousand nor more than five thousand dollars, for each andevery such failure or refusal, and this may be a part of thejudgment of the court in any second or later proceeding againstsuch corporation.
4. In case any railroad corporation shall be found guilty ofhaving violated, failed or omitted to observe and comply with therequirements of this section, or any part thereof, three or moretimes, it shall be lawful for any person interested to apply to acourt of competent jurisdiction, and obtain the appointment of areceiver to take charge of and manage such railroad corporationuntil all damages, penalties, costs and expenses adjudged againstsuch corporation for any and every violation shall, together withinterest, be fully satisfied.
(RSMo 1939 § 5225)Prior revisions: 1929 § 4768; 1919 § 9956; 1909 § 3153