WILKES-BARRE TWP. SCH. DIST. v. GORGAN


403 Pa. 383 (1961)

Wilkes-Barre Township School District, Appellant, v. Corgan.

Supreme Court of Pennsylvania.

March 23, 1961.


Attorney(s) appearing for the Case

Gifford Cappellini, with him Thomas C. Moore, for appellant.

Michael H. Sheridan, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION BY MR. JUSTICE EAGEN, March 23, 1961:

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...

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