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Weinman v. De Palma, 232 U.S. 571 (1914)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Weinman v. De Palma, 232 U.S. 571 (1914)
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Weinman v. De Palma No. 173 Argued January 20, 1914 Decided February 24, 1914 232 U.S. 571
ERROR TO THE SUPREME COURT
OF THE TERRITORY OF NEW MEXICO
Syllabus
Where the owner of demised premises makes a contract with an adjoining owner for construction of a party wall, which contract cannot be carried out according to its terms without entry upon the demised premises and undermining the tenant’s wall, and the adjoining owner, or his servants, in performing the contract, commit such a trespass upon the tenant’s possession and undermine the wall, the contract is evidential of a command or approval of the trespass by the landlord such as to render him liable severally, or jointly with the adjoining owner, in an action by the tenant for the resulting damages.
Where a trespass results in the destruction of a building with consequent interruption of a going business, the loss of future profits -- reasonably certain and proved with reasonable exactitude -- is a proper element for consideration in awarding compensatory damages.
Where the contractor is required to follow instructions of the owner, he is not such an independent contractor a to relieve the owner of liability for his acts.
The "independent contractor" doctrine does not apply where the work that the contractor does amounts, in itself, to a nuisance or necessarily operates to destroy the property of another.
16 N.M. 302 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Weinman v. De Palma, 232 U.S. 571 (1914) in 232 U.S. 571 232 U.S. 572. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=UZ1MBX6TIKVWC18.
MLA: U.S. Supreme Court. "Syllabus." Weinman v. De Palma, 232 U.S. 571 (1914), in 232 U.S. 571, page 232 U.S. 572. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UZ1MBX6TIKVWC18.
Harvard: U.S. Supreme Court, 'Syllabus' in Weinman v. De Palma, 232 U.S. 571 (1914). cited in 1914, 232 U.S. 571, pp.232 U.S. 572. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=UZ1MBX6TIKVWC18.
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