Vance v. Kassab

Opinion by

Judge Rogers,

The plaintiffs, Charles D. Vance and Patricia H. Vance, Ms wife, seek our order restraining the Secretary of the Department of Transportation and H. J. Williams Company, a road builder, from constructing a pipe to drain water from a township road. The defendants have filed preliminary objections in the nature of demurrers raising the Commonwealth’s and the Secretary’s constitutional immunity from suit.

A demurrer, of course, admits as true all facts which are well and clearly pleaded, but not the pleader’s conclusions or statements of law. Commonwealth’s Crosstown…