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UNION PACIFIC R. CO. v. SEBER

NO. 14-13-01141-CV.

477 S.W.3d 424 (2015)

UNION PACIFIC RAILROAD COMPANY, Appellant v. Charles SEBER and Barbara Seber, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Majority and Dissenting Opinions filed September 10, 2015.

Attorney(s) appearing for the Case

Earnest W. Wotring , William D. George , Houston, TX, for Appellant.

Paul J. McConnell, III , Ben A. Baring, Jr. , Houston, TX, for Appellee.

Panel consists of Chief Justice Frost and Justices Boyce and McCally. (Frost, C.J. dissenting opinion).

MAJORITY OPINION

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Setters' private railroad crossing. The Sebers claimed a right to use the crossing pursuant to an implied easement by prior use. The trial court granted summary judgment in favor of the Sebers...

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