ARTICLE 12.-Interlocking or Automatic Signals at Crossings. $467. Interlocking or automatic signals where railroads cross each other at Common grade; approval by board of railroad commissioners; when engines and trains may pass over such crossings without stopping; permission of commission to install system of interlocking or automatic signals. § 467. Interlocking or automatic signals where railroads cross each other at common grade; approval by board of railroad commissioners; when engines and trains may pass over such crossings without stopping; permission of commission to install system of interlocking or automatic signals. When in any case two or more railroads crossing each other at a common grade shall, by a system of interlocking or automatic signals, or by any works or fixtures to be erected by them, render it safe for engines and trains to pass over such crossings without stopping, and such interlocking or automatic signals or works or fixtures shall be approved by the board of railroad commissioners, then, in that case, it is hereby made lawful for the engines and trains of such railroad or railroads to pass over such crossing without stopping, any law or the provisions of any law to the contrary notwithstanding; and when two or more railroads cross each other at a common grade, either of such roads may apply to the board of railroad commissioners for the permission to introduce upon both of said railroads some system of interlocking or automatic signals or works or fixtures rendering it safe for engines and trains to pass over such crossings without stopping, and it shall be the duty of said board of railroad commissioners, if the system of works and fixtures which it is proposed to erect by said company are in the opinion of the board sufficient and proper, to grant such permission. [G. S. 1915, § 8413.] "The board of railroad commissioners," mentioned herein, has passed out of exist ence, and its powers have been conferred upon the public utilities commission. 1915, §§ 8327, 8328.) ARTICLE 13.-Journal Brass, Penalty for Removal. $468. Unlawful to remove journal brass from locomotive engine, or tender, (G. S. $469. Person violating preceding section guilty of felony; punishment. LAWS OF 1917, CH. 169. AN ACT to prevent the removal of journal brass from any locomotive engine, railroad or interurban cars owned or operated by any person, firm or corporation in the state of Kansas, and providing a penalty for the violation thereof. § 468. Unlawful to remove journal brass from locomotive engine, or tender, passenger, freight, motor or electric car; exception as to employees. It is hereby declared unlawful for any person or persons to remove journal brass from a locomotive engine, or tender, passenger, freight, motor or electric car owned or operated by any person, firm or corporation in the state of Kansas, except employees of such firm, person or corporation in the necessary performance of their duty. [Laws 1917, ch. 169, § 1; May 26.] § 469. Person violating preceding section guilty of felony; punishment. Any person violating provisions of section 1 of this act shall be guilty of a felony and punished by imprisonment in the penitentiary for a term of not more than five years or less than two years. [Laws 1917, ch. 169, § 2; May 26.] ARTICLE 14.-Obstructing Operation of Railroad. $470. Locomotive engineer abandoning lo- $472. Persons combining or conspiring to comotive in furtherance of any combination or agreement; punishment. 471. Impeding or obstructing operation or conduct of business of railroad company, or regular running of trains, etc., by any act or by means of intimidation; punish ment. obstruct or impede operation and conduct of business of railroad company, or regular running of trains; punishment. 473. Preceding sections not applicable to persons quitting employment of railroad, etc., except as provided in § 470. LAWS OF 1879, CH. 134. § 470. Locomotive engineer abandoning locomotive in furtherance of any combination or agreement; punishment. If any locomotive engineer, in furtherance of any combination or agreement, shall willfully and maliciously abandon his locomotive, upon any railroad, at any other point than the regular schedule destination of such locomotive, he shall be fined not less than twenty dollars nor more than one hundred dollars, and confined not less than twenty days nor more than ninety days in the county jail. [G. S. 1915, § 3755.] § 471. Impeding or obstructing operation or conduct of business of railroad company, or regular running of trains, etc., by any act or by means of intimidation; punishment. If any person or persons shall willfully and maliciously by any act or by means of intimidation, impede or obstruct, except by due process of law, the regular operation and conduct of the business of any railroad company, or other corporation, firm or individual in this state, or of the regular running of any locomotive engine, freight or passenger train of any such company, or the labor and business of any such corporation, firm or individual, he or they shall on conviction thereof be punished by a fine of not less than twenty dollars nor more than two hundred dollars, and confined in the county jail not less than twenty days nor more than ninety days. [G. S. 1915, § 3756.] § 472. Persons combining or conspiring to obstruct or impede operation and conduct of business of railroad company, or regular running of trains; punishment. If two or more persons shall willfully and maliciously combine or conspire together to obstruct or impede by any act, or by means of intimidation, the regular operation and conduct of the business of any railroad company, or any other corporation, firm or individual in this state, or to obstruct, hinder or impede, except by due process of law, the regular running of any locomotive engine, freight or passenger train on any railroad, or the labor or business of any such corporation, firm or individual, such person shall on conviction thereof be punished by a fine not less than twenty dollars nor more than two hundred dollars, and confined in the county jail not less than twenty days nor more than ninety days. [G. S. 1915, § 3757.] § 473. Preceding sections not applicable to persons quitting employment of railroad, etc., except as provided in § 470. This act shall not be construed to apply to cases of persons voluntarily quitting the employment of the railroad company, or such other corporation, firm or individual, whether by concert of action or otherwise, except as is provided in section one of this act. [G. S. 1915, § 3758.] "Section one of this act," mentioned herein, is § 470, supra. ARTICLE 15.-Passengers on Freight Trains. $474. Freight trains to which caboose attached obliged to transport passengers; transportation of children; not required to stop at other points to receive or discharge passengers; not necessary to stop caboose at depot; liability of company; act not applicable to certain trains. $475. Officer or employee of railroad company violating provisions of preceding section guilty of misdemeanor: punishment. 476. Repeal of Laws of 1907, ch. 274. LAWS OF 1909, CH. 190. AN ACT requiring freight trains to which a caboose is attached to transport and carry passengers, and providing penalties for the violation thereof, and repealing chapter 274 of the Laws of 1907. § 474. Freight trains to which caboose attached obliged to transport passengers; transportation of children; not required to stop at other points to receive or discharge passengers; not necessary to stop caboose at depot; liability of company; act not applicable to certain trains. That all freight trains to which a caboose is attached shall be obliged to transport, upon the same terms and conditions as passenger trains, all passengers who desire to travel thereon and who are above the age of fifteen years, or who, if under fifteen years, are accompanied by a parent or guardian or other competent person, but no freight train shall be required to stop to receive or discharge any passenger at any other point other than where such freight train may stop; nor shall it be necessary to stop the caboose of such trains at the depot to receive and discharge passengers: Provided, That on such trains the railroad companies shall only be liable for their gross negligence: And provided further, That this act shall not be construed to apply to freight trains on main lines, the most of which train shall be composed of cars loaded with live stock. [G. S. 1915, § 8536.] Limitation of liability; carrier liable for gross negligence only. 98 K. 133. Cases construing former act containing similar provisions: Passengers have absolute right to ride upon freight trains. 81 K. 505. Jones v. Railway Co., Davis v. Railway Co., Railroad cannot require different release than prescribed by statute. Davis v. Railway Release required of passenger; mixed train not a freight train. Schwartz v. Railway Co., 83 K. 30. § 475. Officer or employee of railroad company violating provisions of preceding section guilty of misdemeanor; punishment. Any officer or employee of such railroad company who shall violate any of the provisions or conditions of section 1 of this act shall upon conviction be deemed guilty of a misdemeanor, and shall be fined in any sum not less than ten nor more than one hundred dollars, or by imprisonment in the county jail for not less than five nor more than thirty days, or by both such fine and imprisonment. [G. S. 1915, § 8537.] § 476. Repeal of Laws of 1907, ch. 274. That chapter 274 of the Laws of 1907 be repealed. [G. S. 1915, § 8538.] ARTICLE 16.-Pilot for Detoured Trains. $477. Pilot to be furnished for trains de- $478. Violation of toured over tracks from any other preceding section deemed a misdemeanor; punishment. LAWS OF 1913, CH. 254. AN ACT to require railroad companies to furnish a competent pilot for detoured trains and prescribing penalties for the violation thereof. § 477. Pilot to be furnished for trains detoured over tracks from any other railroad; qualifications of such pilot. That any person, firm or corporation owning or operating any railroad in whole or in part in the state of Kansas, whether operated by steam, electricity or other power, must furnish to any train detoured over their tracks from any other railroad, a competent pilot who is familiar with the rules and regulations of such person, firm or corporation and who shall know the physical condition of the road over which said train is detoured. [G. S. 1915, § 8539.] § 478. Violation of preceding section deemed a misdemeanor; punishment. Any violation of any provision of section 1 of this act by any person, firm or corporation shall be deemed a misdemeanor and shall be punished by a fine of not less than one ($100) dollars nor more than five ($500) dollars for each offense. [G. S. 1915, § 8540.] ARTICLE 17.—Shelter for Laborers Constructing or Repairing Equipment. $479. Unlawful to build or repair railroad equipment at division points where shops maintained without providing sheds that may be enclosed over tracks used exclusively for repair work; temporary repairs at other places. $480. Penalty for failure of any corporation, manager, superintendent, foreman, etc., to comply with provisions of preceding section after 1st day of September, 1907. LAWS OF 1907, CH. 283, AS AMENDED BY LAWS OF 1913, CH. 256. AN ACT providing for protection of mechanics, laborers and other persons in construction and repair of railway equipment, and providing punishment for violation thereof. § 479. Unlawful to build or repair railroad equipment at division points where shops maintained without providing sheds that may be enclosed over tracks used exclusively for repair work; temporary repairs at other places. It shall be unlawful for any railroad company or corporation or other persons who own, control or operate any line of railroad in the state of Kansas to build or repair railroad equipment at division points where shops are located without providing sheds, so constructed that they may be entirely enclosed, over the tracks exclusively used for such repair work, so that all men permanently employed for such repairs may be protected during storms or other inclement weather or from extreme heat: Provided, Nothing in this act shall relate to temporary repairs made at places other than regular shops. [G. S. 1915, § 8545.] § 480. Penalty for failure of any corporation, manager, superintendent, foreman, etc., to comply with provisions of preceding section after 1st day of September, 1907. Every corporation, person or persons, manager, superintendent or foreman of any company, corporation, person or persons, who shall fail or refuse to comply with the provisions of this act after the first day of September, 1907, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for each offense. [G. S. 1915, § 8546.] ARTICLE 18.-Street Railway, etc., §481. Crossing of railroad track by cars operated by electricity or overhead wires; height of wires above top of rails of railroad track. Across Tracks of Railroad.* $482. Street-railway company to bring cars to full stop before crossing tracks of railroad company, unless flagman kept at crossing; place of making stop. LAWS OF 1903, CH. 488. AN ACT to regulate the construction and maintenance of trolley and electric wires over railway tracks, and the operation of street cars over railway tracks. § 481. Crossing of railroad track by cars operated by electricity or overhead wires; height of wires above top of rails of railroad track. All street-railway companies or corporations operating cars by electricity or by overhead wires shall construct and maintain its wires at a height of not less than twenty-one feet above the top of the rail of the railroad track crossed by such street-railway company. [G. S. 1915, § 8698.] § 482. Street-railway company to bring cars to full stop before crossing tracks of railroad company, unless flagman kept at crossing; place of making stop. It shall be the duty of every street-railway company or corporation operating a street railway across the tracks of a railroad company to bring its cars to a full stop at least ten and not more than twenty feet before reaching the tracks of the railroad company, unless a flagman is kept at said crossing. [G. S. 1915, § 8699.] ARTICLE 19.-Switch Lights and Lights Controlling Movements of Trains. §483. Switch lights to be equipped and maintained on all main line switch stands; exception where automatic block signals answer purpose of switch lights; lights controlling movements of trains to be kept burning from sunset to sunrise; act not to apply in certain cases. $484. Penalty for violation of any provision of this act. 485. Person manipulating or tampering with switch stand, target, lights. etc., for purpose of misleading train crews guilty of misdemeanor; punishment; felony where death or great bodily injury results; punishment. LAWS OF 1913, CH. 253. AN ACT relating to switch lights and light controlling the movements of trains on railroads, and prescribing penalties for the violation thereof. § 483. Switch lights to be equipped and maintained on all main line switch stands; exception where automatic block signals answer purpose of switch lights; lights controlling movements of trains to be kept burning from sunset to sunrise; act not to apply in certain cases. It shall be the duty of any person, firm or corporation or receiver, owning or operating any railroad in whole or in part, in the state of Kansas, to equip and maintain in good condition, switch lights on all main line switch stands, except where automatic block signals are used and where such automatic block signals are so located as to answer the purpose of switch lights, and to keep all lights controlling the movements of trains on the main line burning from sunset to sunrise: Provided, This act shall not apply to branch lines, where trains are not regularly operated at night, or in cases where the lights have been properly lit, but have failed for causes beyond the control of the company, and it has not had reasonable time to relight them. [G. S. 1915, § 8572.] * Concerning stringing of wires across railroad tracks, see art. 21 (§§ 489-491, post). For other provisions relating to the operation of street railways and interurban lines, see ch. 38 (§§ 504-507, post). |