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Try CasePortal for FreePer curiam, the Texas Supreme Court finds the court of appeals properly and improperly ruled in an easement case filed by a railroad company against the owner of a concrete plant, whose vehicles cross the railroad tracks via a gravel path to access the plant and a highway. The right of the owner to use the gravel path under estoppel and necessity are not supported by the evidence. However, a prescriptive easement does exist and is supported by the evidence. Affirmed in part.
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