Effective 28 Aug 1939

389.670. Storm sewers along railroad right-of-way in cities or towns under 30,000. — 1. It is hereby made the duty of every person, company or corporation, owning, operating or controlling any railroad or railroad right-of-way passing through any incorporated village, town or city within this state, containing a population of thirty thousand inhabitants or less, to construct at their own expense, within the corporate limits of such village, town or city along the lines of their said railroads or railroad right-of-way, such sewers as shall be of sufficient capacity to at all times carry off all the surface water that may collect or accumulate along their right-of-way.

2. Such sewers shall be constructed in a substantial manner, and cemented on their sides and bottoms so as to give to same a hard, smooth surface, and shall be of sufficient volume and depth to carry off at all times all surface water, with such facility as to prevent at all times an overflow therefrom. They shall have good, safe wagon and foot crossings constructed over them, at such places where the village, town or city by ordinance shall direct, and where it is necessary for public travel.

3. It shall be the further duty of all such persons, companies and corporations to construct under their railways, from one side of their right-of-way to the other, such sewers as shall by the city council, board of aldermen or legislative body of such villages, towns or cities be deemed necessary to facilitate the proper drainage of such village, town or city as provided herein.

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(RSMo 1939 §§ 7530, 7531, 7532)

Prior revisions: 1929 §§ 7376, 7377, 7378; 1919 §§ 8784, 8785, 8786; 1909 §§ 9640, 9641, 9642

(1960) Constitutionality of this statute as applied to combined sanitary and storm sewer raised but not decided. C.B. & Q.R. Co. v. City of North Kansas City, 276 F.2d 932.

(1963) Sections 389.670 to 389.690 apply only to surface water drainage sewers and railroad was not liable for construction across its right-of-way of combination sanitary and storm sewer with pipes buried at different depths underground and a sewage pumping station to maintain the flow. Chicago, B. & Q.R. Co. v. North Kansas City (Mo.), 367 S.W.2d 561.