Nido v. Chambers

HENDERSON, P.J.,

Plaintiffs commenced this action on July 3, 1972, by filing a complaint against defendant for the common law tort of trespass quare clausum fregit. Defendant filed a prehminary objection in the nature of a demurrer. In an opinion dated October 19, 1973, this court sustained the demurrer, since the complaint failed to allege an entry onto plaintiffs’ property.

Subsequently, plaintiffs filed an amended complaint. Defendant filed prehminary objections in the nature of a demurrer and a motion to strike. The motion to strike contained two objections: that defendant was a public…