Smoot v. Heyl

Citations

• 227 U.S. 518
• 33 S. Ct. 336
• 57 L. Ed. 621
• 1913 U.S. LEXIS 2326

Syllabus

<p>Under § 233 of the Code of the District of Columbia this court has jurisdiction of an appeal from a judgment of the Court of Appeals of the District of Columbia where the validity of a regulation promulgated by the Commissioners under an act of Congress is drawn in question, irrespective of the conclusion reached by the court below.</p> <p>The fundamental idea of a party wall is that of mutual benefit.</p> <p>In the absence of plain error this court will accept the decision of the Court of Appeals of the District of Columbia determining whether a particular structure comes within the definition of . a party wall under the building regulations promulgated by the Commissioners.</p> <p>In this case this court affirms the judgment of the Court of Appeals that the wall of a bay-window which can serve no mutual purpose is not a party wall within the meaning of the building regulations in force in the District of Columbia.</p>