69-14-239. Operation of trains at grade crossings. (1) Except as provided in subsection (2), no railway company operating trains within this state shall permit any locomotives or cars to cross the tracks of any other railroad, at grade, without coming to a full stop immediately before crossing.

(2) (a) If any railway company or companies using one or more tracks crossing each other or connecting in any way at a common grade shall, by an interlocking plant, signal station, or any other works or fixtures, to be erected by them or either of them, render it safe to pass over said crossings without stopping and if such plant, works, or fixtures shall have been first approved by the county commissioners of the county wherein such works are to be constructed and used and the plans of such works and fixtures for such crossing, designating the place of such crossing, shall have been filed with such commissioners, then and in that case the foregoing provisions of this section requiring the stopping of trains at such crossing shall not apply to said companies or either of them.

(b) If said county commissioners shall disapprove any such plans so filed with them or fail to approve the same within 20 days after the filing thereof with them, such railway companies or either of them may apply in the county where such crossing is situated to the district court in and for said county or to a judge thereof in vacation, by petition in writing setting forth the object of such application. Said court or judge shall thereupon appoint a time and place for the hearing of said petition, and a copy of the order appointing such time and place, together with a copy of said petition, shall be served upon said county commissioners at least 10 days before the day appointed for said hearing. Said district court or a judge thereof in vacation shall have full power upon the hearing of said petition to grant the prayer thereof or to make such other order thereon as may be proper in the premises, and the foregoing provisions of this section requiring the stoppage of trains at crossings shall not apply to said railway companies or either of them if said district court shall by its order upon said petition grant the prayer thereof or otherwise and to any extent approve the construction and use of the interlocking plant or other structures therein referred to.

History: En. Sec. 1, Ch. 8, L. 1903; re-en. Sec. 4359, Rev. C. 1907; re-en. Sec. 6596, R.C.M. 1921; re-en. Sec. 6596, R.C.M. 1935; R.C.M. 1947, 72-641.