69-14-602. Construction and maintenance of railroad crossings outside of incorporated cities and towns. At all places in the state, outside of incorporated cities and towns where a lawfully established public highway crosses any railroad, it shall be the duty of the railroad company owning or operating such railroad to construct and thereafter maintain in proper condition a good and safe crossing.
Montana Code Annotated
Mont. Code Ann. § 69-14-602 (2026)
Construction And Maintenance Of Railroad Crossings Outside Of Incorporated Cities And Towns
✓ current as of May 2026
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TITLE 69. PUBLIC UTILITIES AND CARRIERS
CHAPTER 14. RAILROADS
Part 6. Railroad Highway Crossings
Construction And Maintenance Of Railroad Crossings Outside Of Incorporated Cities And Towns
History: En. Sec. 1, Ch. 148, L. 1919; re-en. Sec. 6625, R.C.M. 1921; re-en. Sec. 6625, R.C.M. 1935; R.C.M. 1947, 72-701.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1980–2025 · leading case: Runkle v. Burlington N., 613 P.2d 982 (Mont. 1980).
Runkle v. Burlington N., 613 P.2d 982 (Mont. 1980). “Section 69-14-602, MCA, makes it the duty of every railroad to construct and maintain "a good and safe crossing" outside of incorporated towns.”
Penn v. Burlington N., Inc., 605 P.2d 600 (Mont. 1980). “Similarly, section 69-14-602, MCA imposes a duty on railroad companies to construct and maintain “good and safe” crossings.”
Mary Marshall, Individually & as Pers. Rep. v. Burlington N., Inc., 720 F.2d 1149 (9th Cir. 1983). “Until a federal decision is reached through the local agency on the adequacy of the warning devices at the crossing, the railroad’s duty under applicable state law to maintain a “good and safe” crossing, Mont. Code Ann. § 69-14-602 (1981), is not preempted.”
Fisch v. Montana Rail Link, Inc., 2003 MT 76 (Mont. 2003). “Section 69-14-602, MCA, provides: Construction and maintenance of railroad crossings outside of incorporated cities and towns.”
Smith v. Norfolk & W. Ry. Co., 776 F. Supp. 1335 (N.D. Ind. 1991). “Until a federal decision is reached through the local agency on the adequacy of the warning devices at the crossing, the railroad’s duty under applicable state law to maintain a “good and safe” crossing, Mont.Code Ann. § 69-14-602 (1981), is not preempted.”
Stovern (D. Mont. 2025). “• BNSF is not entitled to summary judgment on the negligence per se claims involving Mont. Code Ann. § 69-14-602 . • BNSF is not entitled to summary judgment on the punitive damages claims.”
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