Lobdell v. Leichtenberger

HUDOCK, Judge:

This consolidated appeal is from two orders of the trial court following the dismissal of a petition to appoint a board of viewers to open a private road. 1 Respondents filed preliminary objections, including a demurrer. After argument, the court granted the demurrer stating that petitioners failed to state a cause of action for which relief could be granted. This appeal followed. We reverse.

The underlying facts of this matter taken from the pleadings involve a tract of land which at one time was under common ownership. It was split in the late 1800’s causing the tract involved…