The parties own adjacent parcels of real estate. Davis (P) was the owner of the dominant estate, and Bruk (D) was the owner of the servient estate. P sued D to prevent D from obstructing in various ways P's right of way across D's land to the Town Road and the seashore. D counterclaimed for damages against P for unlawfully widening the right of way to the Town Road beyond its legal width. D's counterclaim was denied, but the trial court allowed a relocation of the right of way on a second pass of the issue. P appealed.

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