Jones v. Wagner

OLSZEWSKI, Judge:

This is an appeal from the order entered by the Honorable. Samuel Salus, granting defendants’/appellees’ demurrer to plaintiffs’/appellants’ amended complaint. Appellants’ trees were extending into appellees’ property. After appellees’ clipped the protruding branches, appellants initiated this action seeking monetary relief for the damage done to their trees. The trial judge held that no cause of action exists for the type of damages sought, and dismissed appellants’ complaint with prejudice. We affirm.

When considering a ruling on preliminary objections in the form of a…