Martinelli v. Luis

This is an appeal from a judgment in .favor of the plaintiff in an action to establish a right of way across the lands of the defendant.

The complaint alleges two causes of action. The first alleges a right of way by necessity as appurtenant to the grant by which the plaintiff and her predecessors in interest acquired the property. The second alleges a right of way by prescription. The defendant answered denying the existence of the right of way on either ground and filed a cross-complaint to have his rights quieted as against the asserted easement. The court found in favor of the plaintiff as…