Englehart v. Westmoreland Water Co.

Opinion bx

Arnold, J.,

The plaintiffs filed a bill in equity to enjoin a continuing trespass. The court below sustained the preliminary objections to the bill, and the plaintiffs appealed.

The bill averred that the defendant, without any right or authority, was maintaining a water line on plaintiffs’ land, and that the defendant “has no right, title, claim or interest in said land [concerning the water line].” We consider this pleading to be a good averment that the defendant is a trespasser. While to some extent it is a legal conclusion, there is no other way that the plaintiffs can plead that…