Faxon Land Co. v. Laubach

Williams, P. J.,

Faxon Land Company has sued J. Paul Laubach in equity and has asked that he be restrained from allowing a drain pipe to remain on the property of the Faxon Land Company. It is alleged in the complaint that defendant *33Laubach has wantonly trespassed and has- thrown water over plaintiff’s lots.

The Commonwealth of Pennsylvania has intervened as a defendant in the action. Preliminary objections have been raised by both defendant Laubach and the Commonwealth. By agreement, the Commonwealth objections are to be first decided.

The Commonwealth has raised the question of jurisdiction.…