Payne v. Edmonson

OPINION

COHEN, Justice.

Payne sued for damages and an injunction prohibiting Edmonson from interfering with his use of her land. He claimed an easement by estoppel and an implied easement appurtenant. Edmonson counterclaimed, alleging trespass. The jury answered special issues in Payne’s favor and awarded him damages. However, the trial court rendered a judgment notwithstanding the verdict, ordering that both parties take nothing.

We conclude that Payne failed, as a matter of law, to prove an implied easement, and we affirm the judgment n.o.v. in that respect. We hold that Payne presented some…