Seber v. Union Pacific Railroad

OPINION

WILLIAM J. BOYCE, Justice.

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Sebers’ private railroad crossing. The trial court granted summary judgment in favor of Union Pacific. We affirm in part, reverse in part, and remand to the trial court.

BACKGROUND

This dispute centers on the closing of a private crossing over Union Pacific’s railroad right-of-way, which runs along the entire southern boundary of the Sebers’ property. Before it was closed, the crossing allowed access between the Sebers’ property and Hufsmith-Kuykendahl Road on…