Both parcels were originally owned by one William Bingham, whom, by sundry mesne conveyances, both parties derive their respective titles. D's land is surrounded on three sides by the waters of Frenchman's Bay and Winter Harbor. On the north, and adjoining Ds' land, lies the land of P over which the way is claimed. P sued D in trespass. D claimed an easement by necessity. D had no means of land ingress and egress other than over P’s land.

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