Heard v. Roos

OPINION ON MOTION FOR REHEARING

FEDERICO G. HINOJOSA, Jr., Justice.

We issued our opinion in this case on August 25, 1994. Appellants have filed a motion for rehearing. We withdraw our original opinion and substitute the following as the opinion of the court.

Appellants filed suit against appellees to establish an easement across lands owned by appellees. A jury found for appellees. By two points of error, appellants contend that the trial court erred by overruling appellants’ motion for new trial because the jury’s failure to find that a road or easement by necessity 1 existed was against the…