Daywalt v. Walker

The plaintiff, William E. Daywalt, who is owner of a parcel of land on the Kern River near Kern-ville, sued the defendants to establish a right of way across their neighboring parcels, to enjoin interference with his alleged easement, and for damages; he appeals from a judgment for the defendants. In his complaint he advanced three different theories: he alleged that he had an easement by implication, an easement by grant and an easement by necessity, but because his attorneys recognize that there was substantial, though conflicting, evidence to support the trial court’s findings against the…