Mazzarella v. Lehigh Foundations, Inc.

OLSZEWSKI, J.,

This matter comes before the court on defendant’s preliminary objections to a complaint in trespass containing two causes of action, one being on the theory of an extra-hazardous activity, and the other on the theory of negligence.

The prehminary objections consist of a demurrer, a motion to strike off the pleading, and thirdly, a motion for more specific pleading. We will consider the objections seriatim.

The question raised by the demurrer is simply whether pile driving in the construction of roads and sewers' is an extra-hazardous activity. Our research has been unable to…