Cantu v. Central Power & Light Co., 8597.

Decision Date15 April 1931
Docket NumberNo. 8597.,8597.
PartiesCANTU v. CENTRAL POWER & LIGHT CO. et al.
CourtTexas Court of Appeals

Appeal from District Court, Val Verde County; Joseph Jones, Judge.

Action by F. Cantu against the Central Power & Light Company and others. Judgment for defendants, and plaintiff appeals.

Affirmed.

John L. Dodson, of Del Rio, for appellant.

J. M. Wilson, of San Antonio, and J. J. Foster, of Del Rio, for appellee Central Power & Light Co.

Jones & Lyles, of Del Rio, for appellee Illinois Pipe Line Co.

SMITH, J.

F. Cantu owns certain tracts of land in Val Verde county over and across which the Illinois Pipe Line Company has laid a pipe line to be used in transporting petroleum oil. The right of way and easement occupied by the pipe line was granted by Cantu to the pipe line company through a certain written contract, in which Cantu did "* * * grant and release to the Illinois Pipe Line Company, its successors and assigns, the right of way to lay, maintain, operate and remove a pipe line, and erect, maintain and operate telegraph or telephone lines, if the same be thought necessary by said grantee. * * *

"The said grantors to fully use and enjoy the said premises, except for the purposes hereinbefore granted to the said the Illinois Pipe Line Company, which hereby agrees to pay any damages which may arise to crops or fences, live stock from the laying, erecting, maintaining, operating or removing of said pipe, telegraph and telephone lines."

Under this grant the pipe line company entered upon the designated right of way and laid its pipe line, and also set up the necessary poles and appurtenances thereto, and strung a telephone wire thereon, for the purpose of enabling the company to maintain telephonic communication between its employees in the operation of the pipe line. To this servitude Cantu made and offers no objections.

An electric current is necessary to the operation of pumps along the line to force the flow of oil through the pipe lines, and for this purpose the pipe line company employed the power facilities of the Central Power & Light Company, which in turn required telephonic communication between its pumping stations by which to regulate the power current. For this purpose, exclusively, the pipe line company permitted the power company to operate a telephone line on the poles set up by the pipe line company. Cantu objected to the placing and operation of this second...

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5 cases
  • Marcus Cable Associates, L.P. v. Krohn
    • United States
    • Texas Supreme Court
    • November 5, 2002
    ...party's use cannot exceed the rights expressly conveyed to the original easement holder. See Cantu v. Cent. Power & Light Co., 38 S.W.2d 876, 877 (Tex.Civ. App.-San Antonio 1931, writ ref'd); Keokuk Junction Ry. Co. v. IES Indus., Inc., 618 N.W.2d 352, 356, 362 (Iowa 2000); Buhl v. U.S. Spr......
  • San Jacinto Sand Co. v. Southwestern Bell Tel. Co.
    • United States
    • Texas Court of Appeals
    • March 6, 1968
    ...the two 8-inch pipes for a distance of 197 feet, no greater burden on the servient estate was imposed by such change. Cantu v. Central Power & Light Co., 38 S.W.2d 876 (Tex.Civ.App.), writ ref. The original 8-inch lines were parallel lines approximately eight to ten feet apart, and the disc......
  • Centerpoint Energy v. Bluebonnet Drive
    • United States
    • Texas Court of Appeals
    • July 31, 2008
    ...conform the rights conveyed to the third party to those originally conveyed. See id. (citing Cantu v. Cent. Power & Light Co., 38 S.W.2d 876, 877 (Tex.Civ. App.-San Antonio 1931, writ ref'd)). Accordingly, CenterPoint could not grant Sprint any use that "exceed[ed] the rights expressly conv......
  • Allen v. Enbridge G&P (East Texas) L.P.
    • United States
    • Texas Court of Appeals
    • January 29, 2016
    ...exceed the rights expressly conveyed to the original easement holder. See Cantu v. Cent. Power & Light Co., 38 S.W.2d 876, 877 (Tex. Civ. App.-San Antonio 1931, writ ref'd); see also Carrithers v. Terramar Beach Cmty. Improvement Assoc., 645 S.W.2d 772, 774 (Tex. 1983) ("[A]n easement may n......
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