Gaut v. Farmer

Plaintiffs, cross-defendants and respondents Evan R. Gaut and wife and Donald Lewis and wife (hereinafter. called plaintiffs) brought this action to obtain an injunction restraining the defendant, cross-complainant and appellant Ethel Farmer (hereinafter called defendant) from interfering with their use of a roadway across defendant’s land. Plaintiffs claimed that they had a prescriptive right to use the roadway and that they had an easement for roadway purposes across defendant’s land by way of necessity. The trial court found that there was no way of necessity, since there were other but…