Franks Investment Co., LLC v. Union Pacific Railroad Co.
United States Court of Appeals for the Fifth Circuit
772 F.3d 1037, 1046-48 (2015)
- Written by Tammy Boggs, JD
Facts
The Levy family owned a plantation in Louisiana. In 1923, the Levy family deeded a strip of land that would bisect the plantation to the Texas and Pacific Railway Company (T&P) for railroad use but reserved certain rights. The deed provided in pertinent part: “[T&P] shall fence said strip of ground and shall maintain said fence at its own expense and shall provide three crossings across said strip at the points indicated on said Blue Print hereto attached and made part hereof, and the said [T&P] hereby binds itself, its successors and assigns, to furnish proper drainage out-lets across the land.” Franks Investment Co., LLC (Franks) (plaintiff) was a successor to the Levy family’s property, while Union Pacific Railroad Co. (Union Pacific) (defendant) was a successor to T&P’s property. At one point, Union Pacific began closing the railroad crossings. Franks sued Union Pacific to maintain possession of the crossings. The trial court ruled in Union Pacific’s favor, finding that the deed did not create a predial servitude of passage. Franks appealed.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
Dissent (Dennis, J.)
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