Miss. Code Ann. § 77-9-225

Locomotives to give warning when approaching crossings; penalty

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Every railroad company shall cause each locomotive engine run by it to be provided with a bell of at least thirty (30) pounds weight and with a whistle or horn which can be heard distinctly at a distance of three hundred (300) yards, and shall cause the bell to be rung or the whistle or horn to be blown at the distance of at least three hundred (300) yards from the place where the railroad crosses over any public highway or municipal street. The bell shall be kept ringing continuously or the whistle or horn shall be kept blowing at repeated intervals until said crossing is passed.

Every person, company or corporation violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than Fifty Dollars ($50.00) or be imprisoned not more than thirty (30) days, or be both so fined and imprisoned, in the discretion of the court.

The provisions of this section shall be enforced by the Mississippi Department of Transportation.

Codes, 1930, §§ 6125, 6126; 1942, §§ 7777, 7778; Laws, 1924, ch. 320; Laws, 1952, ch. 332; Laws, 1992, ch. 496, § 61, eff. 7/1/1992.

Notes of Decisions

Cited in 12 cases, 1978–2013 · leading case: Irby v. Travis

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Irby v. Travis (2006) miss · cites it 4× “Miss.Code Ann. § 77-9-225 states: Every railroad company shall cause each locomotive engine run by it to be provided with a bell of at least thirty (30) pounds weight and with a whistle or horn which can be heard distinctly at a distance of three hundred (300) yards, and shall…”

Elam v. Kansas City Southern Railway Co. (2011) ca5 “” Miss.Code § 77-9-225 (emphasis added). KCSR also relies on Mississippi’s “occupied crossing rule,” which provides that “a train legitimately stopped or standing over a public crossing because of its tremendous size is all the warning the traveling public is entitled to.”

John Brown v. Natl Railroad Passenger Corp. (2013) ca5 “See Miss.Code Ann. § 77-9-225. Amtrak's event data recorder indicated that the train began blowing its horn approximately 1170 *535 feet before the crossing, blowing it continuously until impact.”

Illinois Central Gulf Railroad v. Travis (2012) miss · cites it 4× “Miss.Code Ann. § 77-9-225 (Rev.2009). 3 Illinois Central’s Operating Rule 14(Z) requires the horn to be blown in a repeated pattern of two longs, one short, and one long when approaching a crossing.”

Mitcham v. Illinois Cent. Gulf R. Co. (1987) miss “Additionally, as required by Miss. Code Ann. § 77-9-225 , the train was blowing its horn and ringing its bell, which under § 77-9-249(1)(c) is an enumerated condition under which a duty to stop within fifty (50) feet but not less than fifteen (15) feet arises on the part of the…”

Slay v. Illinois Cent. Gulf R. Co. (1987) miss “Moreover, there is no indication that the railroad or the engineer acted in violation of any state statutes involving the train's operation, Miss. Code Ann. § 77-9-225 (1972) (Locomotives to give warning when approaching crossings), or the crossing's maintenance, Miss.”

Clark v. Illinois Cent. R. Co. (2004) missctapp “" Miss.Code Ann. § 77-9-225 (Rev.2001). Instructions P-3 and P-8 substitute ambiguous language for the standard clearly enunciated in the statute.”

Hesling Ex Rel. Buck v. CSX Transportation, Inc. (2005) ca5 · cites it 2× “accident; (3) failing to maintain a reasonable and proper lookout for motorists approaching and using the crossing; (4) failing to see the decedent’s motor vehicle in sufficient time to avoid the subject accident; (5) failing to sound its whistle and ring its bell as the…”

Estate of Bloodworth v. Illinois Central Railroad (2013) miss · cites it 2× “Miss.Code Ann. § 77-9-225 (Rev.2009). Violation of this statute constitutes negligence on the part of the railroad company, and if such negligence is the proximate cause of the injury, the railroad company is liable.”

Wilson v. Kansas City Southern Railway Co. (2003) mssd “As observed in the court’s previous opinion denying remand, although all trains are required by law to be equipped with a bell and with a whistle or horn, see Miss. Code Ann. § 77-9-225 (1999), this statute does not require that both be sounded at train crossings.”

Levina Pittman Walker, Administratrix of the Estate of Louis Pittman, Deceased v. Louisville & Nashville Railroad Compan (1978) ca5 · cites it 3× “First, that the train failed to sound the appropriate signals for a distance of 300 yards before the crossing as required by Miss.Code Ann. § 77-9-225 (1972). 1 Second, that the train was proceeding at an unreasonable rate of speed.”

Arthur Irby v. Mary Travis (2003) miss · cites it 4× “1 Miss. Code Ann. §§ 77-9-225 , 77-9-251.”

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