O'Brien v. Hamilton

The plaintiffs O’Brien and Holmes each own a separate parcel of land in Kingston near Brook Street, a public way. Hamilton owns a sand and gravel pit on about nineteen acres of back land, which has no bound directly upon a public way. One access to the sand pit is by a “wood road” about 2,500 feet long, which runs south through the O’Brien parcel (about seven acres) and the Holmes parcel (about twenty-eight acres) and through other land. Another access to the sand pit runs south from the sand pit through other land “over . . . more difficult terrain” to a different public way.

The northerly…