389.780. Switch and sidetrack connection--powers of division of motor carrier and railroad safety.
Switch and sidetrack connection--powers of division of motor carrierand railroad safety.
389.780. 1. A railroad corporation, upon the application ofany shipper tendering traffic for transportation, shallconstruct, maintain and operate upon reasonable terms a switchconnection or connections with a lateral line of railroad orprivate sidetrack owned, operated or controlled by such shipper,and shall, upon the application of any shipper, provide upon itsown property a sidetrack and switch connection with its line ofrailroad, whenever such sidetrack and switch connection isreasonably practicable, can be put in with safety and thebusiness therefor is sufficient to justify the same.
2. If any railroad corporation shall fail to install oroperate any such switch connection with a lateral line ofrailroad or any such sidetrack and switch connection asaforesaid, after written application therefor has been made toit, any corporation or person interested may present the facts tothe division of motor carrier and railroad safety by written petition,and the division shall investigate the matter stated in such petition,and give such hearing thereon as it may deem necessary or proper.If the division be of opinion that it is safe and practicable tohave a connection, substantially as prayed for, established ormaintained, and that the business to be done thereon justifiesthe construction and maintenance thereof, it shall make an orderdirecting the construction and establishment thereof, specifyingthe reasonable compensation to be paid for the construction,establishment and maintenance thereof, and may in like mannerupon the application of the railroad corporation order thediscontinuance of such switch connection.
(RSMo 1939 § 5604)Prior revisions: 1929 § 5148; 1919 § 10437
CROSS REFERENCE:
Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, RSMo 226.008