Kilroe v. Troast

Plaintiffs originally petitioned the superior court to quiet title and to enjoin the defendants from crossing over a portion of the plaintiffs’ land. After the court viewed the property, the parties executed and filed a stipulated agreement for the purpose of completely settling all of the claims in the action. The agreement provided (1) that the defendants did have a right of way fifteen feet wide across the plaintiffs’ land, (2) that such right of way would be used solely for pedestrian and ordinary passenger vehicle traffic and that “absolutely no commercial or industrial traffic [would]…