Di Palma v. Weinman
New Mexico Supreme Court
Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. An unauthorized trespass upon the lands of another, or unauthorized intermeddling with the goods of another is an actionable trespass. 1 Sutherland on Damages, p. 12, Ca. Ci.; 3 Stuherland on Damages, p. 364; Bishop Non-Contract Law, Sec. 819; Wood, Landlord and Tenant, p. 917. There are no accessories in trespass; all are .jointly and severally, liable.
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Appeal from the district court of Bernalillo county, before Benjamin S. Baker, Associate Justice. An unauthorized trespass upon the lands of another, or unauthorized intermeddling with the goods of another is an actionable trespass. 1 Sutherland on Damages, p. 12, Ca. Ci.; 3 Stuherland on Damages, p. 364; Bishop Non-Contract Law, Sec. 819; Wood, Landlord and Tenant, p. 917. There are no accessories in trespass; all are .jointly and severally, liable. Whitney v. Turner, 1 Seam. 253; Northern Trust Co. v. Palmer, 49 N. E. (111.) 555; Bishop on Non-Contract Law, Sec. 522 and Ca. Ci.; 1…
1Opinion of the Court
OPINION OP THE COURT.
POPE, J.
(After stating the facts.) — The principal assignment of error is that based upon the action of the court in instructing the jury to find for the defendant. In determining ^his matter we do not find it necessary to enter into a discussion in detail of all the testimony given on the trial, but bearing in mind the rule as to directing a verdict laid down by this court in Armstrong, v. Aragon, 79 Pac. 291, and cases there cited, we think there was a case for the jury on the record here presented and that the court erred in withdrawing the case from the jury. The…
2Cases cited1 opinion
- Armstrong v. AragonNew Mexico Supreme Court · 1905
3Cited by5 opinions
- Di Palma v. WeinmanNew Mexico Supreme Court · 1911
- Laskey v. HiltyOhio Court of Appeals · 1951
- Limpert v. DayCuyahoga County Probate Court · 1966
- Atma v. MunozNew Mexico Supreme Court · 1944
- Calhoon v. SnyderNew Mexico Court of Appeals · 2010