389.900. Locomotives to be equipped with electric headlights--power of same--exceptions.

Locomotives to be equipped with electric headlights--power ofsame--exceptions.

389.900. That all companies, corporations, lessees, owners,operators or receivers of any railroad or railway companyoperating a railroad or railway in whole or in part in thisstate, are hereby required to equip, maintain and use upon everylocomotive being operated in road service in this state in thenighttime an electric headlight of fifteen hundred candle powerbrilliancy, measured with the aid of a reflector, andclassification signals not less than six candle power; provided,that nothing in this law shall be so construed as to prevent alocomotive engine whose headlight has become defective while onthe road from proceeding to the most convenient terminal ordivision point where the necessary facilities exist for remedyingsuch defect, but nothing in this law shall relieve any suchcompany, corporation, lessee, owner, operator or receiver of anyrailroad or railway company of any liability for injury or damageto persons or property, or for the death of any person, caused byproceeding with an engine having such defective headlight; andprovided further, that the provisions of this law shall not applyto independent lines of railroad less than seventy-five miles inlength; and provided further, that the provisions of this lawshall not apply during the first ninety days of a strike of theparticular employees whose duties are to repair and maintainelectric headlights.

(RSMo 1939 § 5274)

Prior revisions: 1929 § 4845; 1919 § 10032

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

(1968) The failure of locomotive engineer to give statutory crossing signals does not give drivers right to approach blind crossing heedlessly, if they know of existence of crossing. Hupman v. Missouri-Kansas-Texas Railroad Co. (A.), 429 S.W.2d 343.