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Kev you got one of those 8" things growing out of your forehead also? <br /> <br />(1) Missouri statutes do not preempt Union Pacific's common law duty to exercise due care to protect the public at railroad crossings. Section 389.610.4 vests "exclusive power" over railroad crossings with the division of motor carrier and railroad safety. This provision supplements existing law and must be read with its subsection 2, which requires a railroad to "construct and maintain good and sufficient crossings." Nothing in the statute negates the common law duty. <br /> <br />A ------------------- TO -----------------------> B <br /> WITHIN THE SPECIFIED TIME The state had not assumed jurisdiction over the crossing. Until the division assumes jurisdiction with respect to this particular crossing, and has made an order with respect to it, the common law duty remains. Union Pacific fails to show the division assumed such jurisdiction
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