Kansas Statutes

Chapter 66: Public Utilities

Article 2: Duties And Liabilities Of Railroad Companies

Statutes:

• 66-201:
• 66-202:
• 66-203:
• 66-204:
• 66-205:
• 66-206, 66-207:
• 66-208:
• 66-209:
• 66-210:
• 66-211:
• 66-212:
• 66-213, 66-214:
• 66-215:
• 66-216:
• 66-217, 66-218:
• 66-219 to 66-221:
• 66-222:
• 66-223:
• 66-224:
• 66-225:
• 66-226:
• 66-227: Crossings.
• 66-228: Same; penalty; time within which to restore crossing.
• 66-229: Same; duty of officers.
• 66-230: Cattle guards at crossings; duties as to gates.
• 66-231: Same; civil liability.
• 66-231a:
• 66-231b:
• 66-232: Action for damages by fire.
• 66-233: Action for damages by fire; attorney fee.
• 66-234: Liability for negligence.
• 66-235:
• 66-236:
• 66-237:
• 66-238:
• 66-239:
• 66-240:
• 66-241:
• 66-242:
• 66-243:
• 66-244 to 66-247:
• 66-248, 66-249:
• 66-250:
• 66-251 to 66-254:
• 66-255:
• 66-256:
• 66-257:
• 66-258:
• 66-259:
• 66-260:
• 66-261:
• 66-262:
• 66-263:
• 66-264:
• 66-265, 66-266:
• 66-267:
• 66-268:
• 66-269:
• 66-270, 66-271:
• 66-272:
• 66-273: Permitting trains, engines or cars to stand on public highway.
• 66-274: Same; penalty; exemption of railroad employees from certain penalties.
• 66-275:
• 66-276:
• 66-277, 66-278:
• 66-279:
• 66-280 to 66-282:
• 66-283:
• 66-284:
• 66-285:
• 66-286 to 66-289:
• 66-290:
• 66-291 to 66-293:
• 66-294:
• 66-295: Liability regardless of negligence.
• 66-296: Recovery upon failure to pay full value of animal upon demand.
• 66-297: Persons upon whom demand may be made.
• 66-298: Attorney's fee.
• 66-299: Railroad enclosed with fence.
• 66-2,100:
• 66-2,101:
• 66-2,102:
• 66-2,103 to 66-2,105:
• 66-2,106, 66-2,107:
• 66-2,108, 66-2,109:
• 66-2,110:
• 66-2,111 to 66-2,113:
• 66-2,114 to 66-2,118:
• 66-2,119:
• 66-2,120: Failure of locomotive to sound whistle at crossing; penalties; payment to informer.
• 66-2,121: Railroad-highway crossing signs; specifications.
• 66-2,122: Actions to recover penalties; service of summons.
• 66-2,123: Railroad company, defined.

• 66-201:

        History:   L. 1905, ch. 345, § 2; L. 1907, ch. 275, § 1; L. 1917, ch. 256, § 1; R.S. 1923, 66-201; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-202:

        History:   L. 1905, ch. 345, § 3; R.S. 1923, 66-202; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-203:

        History:   L. 1905, ch. 345, § 4; L. 1907, ch. 275, § 2; R.S. 1923, 66-203; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-204:

        History:   L. 1905, ch. 345, § 5; L. 1907, ch. 275, § 3; R.S. 1923, 66-204; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-205:

        History:   L. 1917, ch. 257, § 1; R.S. 1923, 66-205; L. 1965, ch. 506, § 37; L. 1988, ch. 356, § 261; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-206, 66-207:

        History:   L. 1917, ch. 257, §§ 2, 3; R.S. 1923, 66-206, 66-207; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-208:

        History:   L. 1905, ch. 345, § 6; L. 1907, ch. 275, § 4; R.S. 1923, 66-208; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-209:

        History:   L. 1905, ch. 345, § 10; L. 1907, ch. 275, § 6; R.S. 1923, 66-209; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-210:

        History:   L. 1905, ch. 345, § 7; R.S. 1923, 66-210; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-211:

        History:   L. 1905, ch. 345, § 8; R.S. 1923, 66-211; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-212:

        History:   L. 1905, ch. 345, § 9; L. 1907, ch. 275, § 5; R.S. 1923, 66-212; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-213, 66-214:

        History:   L. 1917, ch. 258, §§ 1, 2; R.S. 1923, 66-213, 66-214; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-215:

        History:   L. 1872, ch. 136, § 1; R.S. 1923, 66-215; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-216:

        History:   L. 1872, ch. 136, § 2; R.S. 1923, 66-216; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-217, 66-218:

        History:   L. 1913, ch. 252, §§ 1, 2; R.S. 1923, §§ 66-217, 66-218; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-219 to 66-221:

        History:   L. 1917, ch. 261, §§ 1 to 3; R.S. 1923, §§ 66-219 to 66-221; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-222:

        History:   L. 1905, ch. 346, § 1; R.S. 1923, § 66-222; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-223:

        History:   L. 1905, ch. 346, § 2; R.S. 1923, § 66-223; L. 1974, ch. 295, § 8; L. 1978, ch. 105, § 26; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-224:

        History:   L. 1869, ch. 81, § 1; R.S. 1923, 66-224; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-225:

        History:   L. 1869, ch. 81, § 3; R.S. 1923, 66-225; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-226:

        History:   L. 1869, ch. 81, § 4; R.S. 1923, 66-226; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-227: Crossings. It is hereby made the duty of every person or corporation owning or operating any railroad crossed by a public highway, county highway or township road to make, and keep in good repair, good and sufficient crossings for such highway, road or street over their tracks, including all the grading, bridges, ditches and culverts within their right-of-way that may be necessary to make a safe crossing. The vertical profile or alignment of the centerline of the highway, road or street through the crossing shall comply with the American association of state highway and transportation officials (AASHTO) design manual titled, "a policy on geometric design of highways and streets" as published and in effect on January 1, 2001.

        When the highway crossing the track is improved by the construction of a hard-surfaced road, the railroad company shall pave the space between the rails and for a distance of two feet on each side thereof with a pavement of the same or a better type for the full width of the pavement on the highway. On other crossings where the highway has not been improved, the planking or other material used between and for a distance of one foot outside of the rails shall be of a length to equal the roadway width measured perpendicular to the axis of the highway. Nothing in this act shall be construed to repeal any provision of law relating to railroad crossings on streets in cities of the first and second class.

        History:   L. 1915, ch. 280, § 1; L. 1919, ch. 242, § 1; R.S. 1923, 66-227. L. 2001, ch. 15, § 1; July 1.

• 66-228: Same; penalty; time within which to restore crossing. Every person or corporation failing to comply with the provisions of this act shall be deemed guilty of a misdemeanor and shall be fined not less than five dollars, nor more than fifty dollars, for each and every violation hereof and each day same shall be allowed to remain out of repair shall be a separate offense: Provided, however, When any such crossings have been properly constructed as provided in this act, and shall become defective because of accident or unusual severe or stormy weather, the person or corporation whose duty it is to maintain the same, shall have ten days in which to restore said crossing to its proper condition before the penalty herein provided for shall attach.

        History:   L. 1915, ch. 280, § 2; Dec. 1; R.S. 1923, 66-228.

• 66-229: Same; duty of officers. Upon complaint, it is hereby made the duty of every county engineer and road supervisor in this state to see that this act is complied with in such person's jurisdiction and to report to the county attorney of such person's county every failure on the part of any person or corporation to comply with this act. It is hereby made the duty of the county attorney of each county in the state to enforce this act.

        History:   L. 1915, ch. 280, § 3; L. 1919, ch. 242, § 2; R.S. 1923, 66-229. L. 2001, ch. 15, § 2; July 1.

• 66-230: Cattle guards at crossings; duties as to gates. When any railroad runs through any improved and fenced farm lands and between an occupied dwelling and other main farm buildings; or wherever at the time of the passage of this act, any railroad right of way lies alongside of and contiguous to a public highway through any improved and fenced farm land upon which is a dwelling actually occupied as a farm residence, and it is necessary for the occupants of such dwelling to pass across the right of way of the railroad in order to reach the main public highway or get to their farm lands to cross the railroad, then and in either case the railroad company shall, at the request in writing of the owner of such farm, make and maintain proper cattle guards on such railroad on both sides of the crossing so used for farm purposes. It shall not be necessary for the occupants of such land to keep the gates in the fences at such farm crossings closed where such cattle guards are installed except that the railroad company shall not be responsible for damage done to stock at such crossing described under this act when the gates at such crossing are open.

        History:   L. 1919, ch. 243, § 1; R.S. 1923, 66-230; L. 2005, ch. 21, § 8; July 1.

• 66-231: Same; civil liability. Any railroad company neglecting or refusing to comply with the provisions of K.S.A. 66-230 shall be liable for all damages sustained by anyone by reason of such neglect and refusal; and in order for the injured party to recover all damages he has sustained it will only be necessary for him to prove such neglect or refusal.

        History:   L. 1919, ch. 243, § 2; June 17; R.S. 1923, 66-231.

• 66-231a:

        History:   L. 1972, ch. 242, § 1; L. 1975, ch. 342, § 1; L. 1975, ch. 427, § 69; Repealed, L. 1999, ch. 137, § 42; July 1.

• 66-231b:

        History:   L. 1972, ch. 212, § 2; Repealed, L. 1999, ch. 137, § 42; July 1.

• 66-232: Action for damages by fire. In all actions against any railway company organized or doing business in this state, for damages by fire caused by the operating of said railroad, it shall be only necessary for the plaintiff in said action to establish the fact that said fire complained of was caused by the operating of said railroad, and the amount of his damages (which proof shall be prima facie evidence of negligence on the part of said railroad): Provided, That in estimating the damages under this act, the contributory negligence of the plaintiff shall be taken into consideration.

        History:   L. 1885, ch. 155, § 1; May 1; R.S. 1923, 66-232.

• 66-233: Action for damages by fire; attorney fee. In all actions commenced under K.S.A. 66-232 and 66-233 and amendments thereto in which judgment is rendered against any railroad company for damages by fire caused by the operating of such railroad, if it appears from the evidence that such company has refused without just cause or excuse to pay the full amount of such damages, the court in rendering such judgment shall allow the plaintiff a reasonable sum as an attorney fee for services in such action, including proceeding upon appeal, to be recovered and collected as a part of the costs. When a tender is made by such railroad company before the commencement of the action in which judgment is rendered and the amount recovered is not in excess of such tender no such costs shall be allowed.

        History:   L. 1885, ch. 155, § 2; R.S. 1923, 66-233; L. 1994, ch. 136, § 1; July 1.

• 66-234: Liability for negligence. Railroads in this state shall be liable for all damages done to person or property, when done in consequence of any neglect on the part of the railroad companies.

        History:   L. 1870, ch. 93, § 1; March 24; R.S. 1923, 66-234.

• 66-235:

        History:   L. 1874, ch. 93, § 1; L. 1903, ch. 393, § 1; L. 1905, ch. 341, § 1; L. 1907, ch. 281, § 1; R.S. 1923, 66-235; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-236:

        History:   R.S. 1923, 66-236; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-237:

        History:   L. 1911, ch. 239, § 1; R.S. 1923, 66-237; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-238:

        History:   L. 1911, ch. 239, § 2; R.S. 1923, 66-238; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-239:

        History:   L. 1911, ch. 239, § 3; R.S. 1923, 66-239; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-240:

        History:   L. 1911, ch. 239, § 4; R.S. 1923, 66-240; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-241:

        History:   L. 1911, ch. 239, § 5; R.S. 1923, 66-241; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-242:

        History:   L. 1909, ch. 187, § 1; R.S. 1923, § 66-242; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-243:

        History:   L. 1909, ch. 187, § 2; R.S. 1923, § 66-243; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-244 to 66-247:

        History:   L. 1913, ch. 251, §§ 1 to 4; R.S. 1923, 66-244 to 66-247; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-248, 66-249:

        History:   L. 1909, ch. 188, §§ 1, 2; R.S. 1923, 66-248, 66-249; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-250:

        History:   L. 1893, ch. 100, § 1; R.S. 1923, § 66-250; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-251 to 66-254:

        History:   L. 1893, ch. 100, §§ 2 to 5; R.S. 1923, §§ 66-251 to 66-254; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-255:

        History:   R.S. 1923, § 66-255; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-256:

        History:   L. 1893, ch. 100, § 7; R.S. 1923, § 66-256; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-257:

        History:   R.S. 1923, § 66-257; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-258:

        History:   L. 1893, ch. 100, § 9; R.S. 1923, § 66-258; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-259:

        History:   L. 1893, ch. 100, § 10; R.S. 1923, § 66-259; L. 1976, ch. 145, § 229; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-260:

        History:   L. 1923, ch. 169, § 1; R.S. 1923, § 66-260; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-261:

        History:   L. 1911, ch. 241, § 1; R.S. 1923, § 66-261; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-262:

        History:   L. 1911, ch. 241, § 2; R.S. 1923, § 66-262; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-263:

        History:   L. 1887, ch. 228, § 1; L. 1913, ch. 250, § 1; R.S. 1923, § 66-263; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-264:

        History:   L. 1913, ch. 250, § 2; R.S. 1923, § 66-264; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-265, 66-266:

        History:   L. 1898, ch. 30, §§ 1, 2; R.S. 1923, §§ 66-265, 66-266; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-267:

        History:   L. 1905, ch. 354, § 1; L. 1915, ch. 349, § 1; R.S. 1923, § 66-267; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-268:

        History:   L. 1905, ch. 354, § 2; R.S. 1923, § 66-268; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-269:

        History:   L. 1905, ch. 354, § 3; R.S. 1923, § 66-269; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-270, 66-271:

        History:   L. 1909, ch. 192, §§ 1, 2; R.S. 1923, §§ 66-270, 66-271; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-272:

        History:   L. 1909, ch. 192, § 3; R.S. 1923, § 66-272; L. 1974, ch. 295, § 9; L. 1978, ch. 105, § 27; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-273: Permitting trains, engines or cars to stand on public highway. Each and every railroad company or any corporation leasing or otherwise operating a railroad in Kansas is hereby prohibited from allowing its trains, engines or cars to stand upon any public road within one half mile of any incorporated or unincorporated city or town, station or flag station, or upon any crossing or street, to exceed ten minutes at any one time without leaving an opening in the traveled portion of the public road, street or crossing of at least thirty feet in width.

        History:   L. 1897, ch. 169, § 1; L. 1903, ch. 394, § 1; June 1; R.S. 1923, 66-273.

• 66-274: Same; penalty; exemption of railroad employees from certain penalties. Any railroad company or corporation operating a line of railroad in Kansas failing or neglecting to comply with K.S.A. 66-273, and amendments thereto, shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine as follows: One hundred dollars if the blocking is for more than 10 minutes but less than 20 minutes; $300 if the blocking is for more than 20 minutes but less than 30 minutes; $600 if the blocking is for 30 minutes and $600 for each additional 30 minutes if the blocking is for more than 30 minutes. No member of a railroad train, yard, or engine crew shall be held personally responsible or found guilty of violating any state laws or any municipal ordinances regulating or intended to regulate the occupying or blocking of any street, road or highway crossing-at-grade by trains or passenger or freight cars upon reasonable proof that such person's action was necessary due to circumstances beyond such person's control, or to comply with the order or instructions, either written or verbal, of the person's employer or officers or supervisory officials. Nothing in this section shall relieve the employer or railroad from any responsibility placed upon such employer or railroad by any such state law or any municipal ordinance.

        History:   L. 1897, ch. 169, § 2; L. 1903, ch. 394, § 2; R.S. 1923, 66-274; L. 1973, ch. 262, § 1; L. 1992, ch. 34, § 1; L. 2004, ch. 103, § 3; July 1.

• 66-275:

        History:   L. 1909, ch. 190, § 1; R.S. 1923, § 66-275; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-276:

        History:   L. 1909, ch. 190, § 2; R.S. 1923, 66-276; Repealed, L. 2007, ch. 198, § 11; May 24.

• 66-277, 66-278:

        History:   L. 1913, ch. 254, §§ 1, 2; R.S. 1923, 66-277, 66-278; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-279:

        History:   L. 1913, ch. 255, § 1; R.S. 1923, § 66-279; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-280 to 66-282:

        History:   L. 1907, ch. 277, §§ 1 to 3; R.S. 1923, §§ 66-280 to 66-282; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-283:

        History:   L. 1907, ch. 283, § 1; L. 1913, ch. 256, § 1; R.S. 1923, § 66-283; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-284:

        History:   L. 1907, ch. 283, § 2; R.S. 1923, § 66-284; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-285:

        History:   L. 1915, ch. 284, § 1; R.S. 1923, 66-285; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-286 to 66-289:

        History:   L. 1915, ch. 284, §§ 2 to 5; R.S. 1923, 66-286 to 66-289; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-290:

        History:   L. 1915, ch. 284, § 6; R.S. 1923, 66-290; L. 1988, ch. 356, § 262; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-291 to 66-293:

        History:   L. 1915, ch. 284, §§ 7 to 9; R.S. 1923, 66-291 to 66-293; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-294:

        History:   L. 1923, ch. 167, § 1; R.S. 1923, 66-294; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-295: Liability regardless of negligence. Every railway company or corporation in this state, and every assignee or lessee of such company or corporation, shall be liable to pay the owner the full value of each and every animal killed, and all damages to each and every animal wounded by the engine or cars on such railway, or in any other manner whatever in operating such railway, irrespective of the fact as to whether such killing or wounding was caused by the negligence of such railway company or corporation, or the assignee or lessee thereof, or not.

        History:   L. 1874, ch. 94, § 1; March 4; R.S. 1923, 66-295.

• 66-296: Recovery upon failure to pay full value of animal upon demand. In case such railway company or corporation, or the assignee or lessee thereof, shall fail for thirty days after demand made therefor by the owner of such animal, or his agent or attorney, to pay such owner or his agent or attorney the full value of such animal if killed, or damages thereto if wounded, such owner may sue and recover from such railway company or corporation, or the assignee or lessee thereof, the full value of such animal or damages thereto, together with a reasonable attorney's fee for the prosecution of the suit, and all costs in any court of competent jurisdiction in the county in which such animal was killed or wounded.

        History:   L. 1874, ch. 94, § 2; March 4; R.S. 1923, 66-296.

• 66-297: Persons upon whom demand may be made. The demand mentioned in K.S.A. 66-296 may be made of any ticket agent or station agent of such railway company or corporation, or the assignee or lessee thereof.

        History:   L. 1874, ch. 94, § 3; March 4; R.S. 1923, 66-297.

• 66-298: Attorney's fee. In all actions prosecuted under this act it shall be the duty of the court if tried by the court, or jury if tried by a jury, if the judgment or verdict be for the plaintiff, to find in addition to their general findings for plaintiff the amount, if anything, allowed for an attorney's fee in the case.

        History:   L. 1874, ch. 94, § 4; March 4; R.S. 1923, 66-298.

• 66-299: Railroad enclosed with fence. This act shall not apply to any railway company or corporation, or the assignee or lessee thereof, whose road is enclosed with a good and lawful fence to prevent such animal from being on such road.

        History:   L. 1874, ch. 94, § 5; March 4; R.S. 1923, 66-299.

• 66-2,100:

        History:   L. 1893, ch. 112, § 1; R.S. 1923, 66-2,100; Repealed, L. 1976, ch. 291, § 1; July 1.

• 66-2,101:

        History:   L. 1893, ch. 112, § 2; R.S. 1923, 66-2,101; L. 1973, ch. 106, § 21; Repealed, L. 1976, ch. 291, § 1; July 1.

• 66-2,102:

        History:   L. 1893, ch. 112, § 3; R.S. 1923, 66-2,102; Repealed, L. 1976, ch. 291, § 1; July 1.

• 66-2,103 to 66-2,105:

        History:   L. 1905, ch. 349, §§ 1 to 3; R.S. 1923, 66-2,103 to 66-2,105; Repealed, L. 1949, ch. 338, § 1; June 30.

• 66-2,106, 66-2,107:

        History:   L. 1905, ch. 348, §§ 1, 2; R.S. 1923, 66-2,106, 66-2,107; Repealed, L. 1947, ch. 334, § 1; June 30.

• 66-2,108, 66-2,109:

        History:   L. 1913, ch. 253, §§ 1, 2; R.S. 1923, 66-2,108, 66-2,109; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-2,110:

        History:   L. 1913, ch. 253, § 3; R.S. 1923, 66-2,110; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.

• 66-2,111 to 66-2,113:

        History:   L. 1911, ch. 243, §§ 1 to 3; R.S. 1923, 66-2,111 to 66-2,113; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-2,114 to 66-2,118:

        History:   L. 1905, ch. 355, §§ 1 to 5; R.S. 1923, §§ 66-2,114 to 66-2,118; Repealed, L. 1998, ch. 164, § 6; July 1.

• 66-2,119:

        History:   G.S. 1868, ch. 23, § 55; R.S. 1923, 66-2,119; Repealed, L. 2005, ch. 21, § 12; July 1.

• 66-2,120: Failure of locomotive to sound whistle at crossing; penalties; payment to informer. An air whistle shall be attached to each locomotive engine, and shall be sounded four (4) times (two long, one short and one long blast) beginning at least eighty (80) rods from the place where the railroad shall cross any public road or street and to be prolonged or repeated until the crossing is occupied by the engine or car, except in cities and villages, under a penalty of not more than twenty dollars ($20) for every neglect of the provisions of this section, to be paid by the corporation owning the railway on the suit of the county attorney, one-half thereof to go to the informer, and the other half to the county treasurer; and the corporation shall also be liable for all damages which shall be sustained by any person by reason of such neglect: Provided, however, That such penalty shall be sued for within one (1) month from the time the cause of action accrues, and not thereafter: And provided further, That but one penalty shall be recovered in any one action.

        History:   G.S. 1868, ch. 23, § 60; L. 1876, ch. 60, § 1; R.S. 1923, 66-2,120; L. 1925, ch. 207, § 1; L. 1963, ch. 323, § 1; L. 1973, ch. 106, § 22; June 1.

• 66-2,121: Railroad-highway crossing signs; specifications. Every railway corporation shall cause railroad-highway crossing signs in the form of a crossbuck to be erected, well supported by posts or otherwise, alone or in combination with other protective devices, and constantly maintained on the right-hand side of the traveled public road or street, on each approach to the crossing when the same is crossed by the railway on the same level. Said railroad-highway crossing signs shall be elevated so that they may be easily seen by travelers. Each side of a railroad-highway sign shall be a white reflectorized background, with the words "RAILROAD CROSSING" in black lettering. When crossbuck signs are a part of a flashing light signal assembly, such signs and assemblies shall conform to the manual and specifications adopted by the secretary of transportation pursuant to K.S.A. 8-2003. If any such crossing consists of two or more tracks, including sidings, the number of tracks shall be indicated on an auxiliary sign of inverted T-shape, mounted below the railroad-highway crossing sign. Said auxiliary sign shall be of white reflectorized background, with black lettering. This section shall not apply to streets in cities, unless the railway corporation shall be required to put up such railroad-highway crossing signs by the governing body of such city, or the officer thereof having charge of such streets.

        History:   G.S. 1868, ch. 23, § 61; R.S. 1923, 66-2,121; L. 1975, ch. 343, § 1; L. 1980, ch. 203, § 1; April 4.

• 66-2,122: Actions to recover penalties; service of summons. All penalties imposed upon railway corporations by this or any other act may be sued for in the name of the state of Kansas, and may be commenced by serving a summons on any officer or agent of such company found within the state.

        History:   G.S. 1868, ch. 23, § 62; R.S. 1923, 66-2,122; L. 1973, ch. 134, § 53; July 1, 1974.

• 66-2,123: Railroad company, defined. As used in article 2 of chapter 66 of the Kansas Statutes Annotated, and amendments thereto, "railroad company" means and shall include any incorporated railroad company, express or transportation company, other common carrier, sleeping car company, private-car company, railroad-bridge company, person or persons, lessee, assignees, trustee, receiver, partnership, joint-stock company or corporation engaged wholly, partially, jointly or severally in laying out, constructing, owning, operating, using or maintaining any railroad operated by steam or electricity, or other motive power, or any portion or part of such railroad line. As used in this section, "person" means any persons, partnerships, joint-stock companies or corporations.

        History:   L. 2005, ch. 21, § 2; July 1.