Wilkes-Barre Township School District v. Corgan

Opinion by

Mr. Justice Eagen,

The appellant, the Wilkes-Barre Township School District, sued the defendant, John B. Corgan, to recover for intentional damage to the surface of land resulting from trespass and deep excavations thereon by the defendant. Preliminary objections to the complaint in the nature of a demurrer were sustained by the court below, and judgment entered for the defendant. The plaintiff appeals.

For the purposes of this appeal every well-pleaded, material, relevant fact, and every inference fairly deducible therefrom must be accepted as true: Byers v. Ward, 368 Pa. 416, 84 A.…