SPOTSVILLE v. HERBERT & MURRELL, INC.

No. 97-188.

698 So.2d 31 (1997)

Vernell Hagen SPOTSVILLE, Plaintiff-Appellee, v. HERBERT & MURRELL, INC., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

June 18, 1997.


Attorney(s) appearing for the Case

Robert L. Kennedy, Colfax, for Vernell Hagen Spotsville.

Allan Dale Smith, for Herbert & Murrell, Inc.

Before COOKS, WOODARD and AMY, JJ.


AMY, Judge.

Vernell Hagen Spotsville brought this action seeking a gratuitous predial servitude of passage over the estate of adjoining landowner, Herbert & Murrell, Inc. The trial court held that Spotsville was not entitled to a gratuitous servitude, but was entitled to a right of passage after indemnification for damage caused. For the following reasons, we reverse and enter judgment for the defendant.

DISCUSSION OF THE RECORD

On July 24, 1987...

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