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ENGLEHART et al. v. WESTMORELAND W. CO.

165 Pa.Super. 156 (1949)

Englehart et al., Appellants, v. Westmoreland Water Company.

Superior Court of Pennsylvania.

July 15, 1949.

Attorney(s) appearing for the Case

Fred B. Trescher, with him Kunkle & Trescher, for appellants.

Robert W. Smith, with him Smith, Best & Horn, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ. (ROSS, J., absent.)

OPINION BY ARNOLD, J., July 15, 1949:

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...

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