SPITZER v. SMITH

No. 1094.

10 Pa. D. & C. 2d 243 (1956)

Spitzer v. Smith

Common Pleas Court of Lackawanna County, Pennsylvania.

February 25, 1956.


Attorney(s) appearing for the Case

Bialkowski, Bialkowski & Bialkowski, for plaintiff.

James E. O'Brien and S. Augustus Davis, for defendants.


ROBINSON, J., February 25, 1956.

This is an action of trespass in which plaintiff filed preliminary objections to the defendants' answer in the nature of a motion to strike off the new matter pleaded in the answer. We are of the opinion that the preliminary objections must be sustained and the new matter stricken from the record.

The action is based on negligence and the complaint alleges that the parties are the owners and occupants of adjoining lands, that...

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