Piergallini v. Baxter

O’DONNELL, J.,

This is an *110action in trespass for personal injuries to a tenant who fell on ice on his landlord’s premises. The landlord has filed an answer and new matter, the latter setting forth certain exculpatory clauses in the lease which contained language relieving the landlord of responsibihty, no matter what happened, and regardless of fault. Plaintiff has filed preliminary objections in the nature of a demurrer to the new matter and has asked the court to “dismiss” that pleading.

A demurrer can be employed to test the legal sufficiency of a complaint. It “is an assertion that the…