KEARNEY & SON v. FANCHER

No. 16723.

401 S.W.2d 897 (1966)

KEARNEY & SON, Appellant, v. Ruby K. FANCHER et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied April 29, 1966.


Attorney(s) appearing for the Case

Storey, Armstrong & Steger and John K. DeLay, Jr., Dallas, for appellant.

Biggers, Baker, Lloyd & Carver and Monty C. Barber, Dallas, for appellees.


LANGDON, Justice.

This case involves the construction of an express easement granted by deed, involving the use of a railroad switch track and grounds. When it was no longer physically possible to bring railway cars onto the property the appellant in June, 1962, constructed a fence along its property line beside that of the appellees' obstructing the latter's use of the strip involved.

Appellees filed this suit seeking to enjoin the appellant from fencing...

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