opinion: A. L. WHEELER, Appellant v. Helen Leary McCAULEY, Appellee.
  No. 15441.
  United States Court of Appeals District of Columbia Circuit.
  Argued March 9, 1960.
  Decided May 19, 1960.
  Mr. Emory N. Ellis, Jr., Washington, D. C., for appellant.
  Mr. Samuel Herman, Washington, D. C., of the bar of the United States District Court for the District of Columbia, pro hac vice, by special leave of court, with whom Mr. George Jovanovich, Washington, D. C., was on the brief, for appellee.
  Before Fahy, Washington and Dan-aher, Circuit Judges.
  PER CURIAM.
  This case involves real estate situated' in the Georgetown section of the District of Columbia. In constructing a new house, appellant Wheeler built a brick wall, resting it partly on his own land and partly on appellee McCauley’s adjoining land. Appellee promptly protested, and brought suit alleging trespass and seeking an injunction, removal of the wall, and damages, because it interfered with her use of an entranceway to her home. The court declined to order the wall removed, finding that appellant had acted in good faith, but assessed damages for trespass at $1,250.00. This appeal followed.
  Appellant’s main contention is that he was merely raising the height of an existing party wall between the two properties. The trial court rejected this contention, concluding that certain existing construction which appellee Mc-Cauley had erected was a curtain wall, “a wall for the purpose of protecting the view,” and hence not a party wall. We find no basis in the record for saying that this conclusion was factually or legally erroneous. “It is manifest that not every sort of construction projecting over the boundary, although it may form part of the exterior wall of a building, can be called a party wall.” Smoot v. Heyl, 1913, 227 U.S. 518 at page 523, 33 S.Ct. 336, at page 337, 57 L.Ed. 621.
  Here the construction which appellee McCauley had erected, and which appellant would describe as an existing party wall, was not even part of the exterior wall of the McCauley building. It was an entraneeway — a number of brick steps leading down to the McCauley basement — protected by a four-inch thick brick wall which ran up one side of the steps, largely for aesthetic purposes, and providing no direct benefit to the adjoining (Wheeler) land. This curtain wall was not converted into a party wall simply by reason of the fact that it was located on the adjoining land which Wheeler now owns, and that its foundations were partly on the McCauley land and partly on the Wheeler land. The entranceway and curtain wall were built for appellee McCauley’s sole benefit, and were not intended for or capable of “common use” and “mutual benefit,” as a party wall is. Smoot v. Heyl, supra 227 U.S. at page 523, 33 S.Ct. at page 337. She had built them with the consent of Wheeler’s predecessor in title, and they were in existence when Wheeler bought his land.
  Appellant Wheeler destroyed the curtain wall just described, and replaced it with a brick wall of considerable thickness and height, forming one exterior wall of his house. In so doing, he built on the McCauley land to a width of four inches, resting his wall on the McCauley steps to that extent, and thus reducing their original width of 28% inches to a scanty 24% inches. The trial judge found, after inspecting the premises, that this rendered the entranceway substantially less useful and usable. The trial judge also found, correctly we think, that Wheeler’s construction of the wall was done without Mrs. McCauley’s consent. Cf. Fowler v. Koehler, 1915, 43 App.D.C. 349, 358-359; Walker v. Gish, 1923, 260 U.S. 447, 451, 43 S.Ct. 174, 67 L.Ed. 344. The award of damages is not in an unreasonable amount, and we perceive no valid reason for setting it aside. Cf. Fowler v. Saks, 1890, 7 Mackey 570, 578-581, 18 D.C. 570, 578, 581, 7 L.R.A. 649.
  Affirmed.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  In some cases there is some confusion over who should be listed as the appellant and who as the respondent. This confusion is primarily the result of the presence of multiple docket numbers consolidated into a single appeal that is disposed of by a single opinion. Most frequently, this occurs when there are cross appeals and/or when one litigant sued (or was sued by) multiple litigants that were originally filed in district court as separate actions. The coding rule followed in such cases should be to go strictly by the designation provided in the title of the case. The first person listed in the title as the appellant should be coded as the appellant even if they subsequently appeared in a second docket number as the respondent and regardless of who was characterized as the appellant in the opinion.
  To clarify the coding conventions, consider the following hypothetical case in which the US Justice Department sues a labor union to strike down a racially discriminatory seniority system and the corporation (siding with the position of its union) simultaneously sues the government to get an injunction to block enforcement of the relevant civil rights law. From a district court decision that consolidated the two suits and declared the seniority system illegal but refused to impose financial penalties on the union, the corporation appeals and the government and union file cross appeals from the decision in the suit brought by the government. Assume the case was listed in the Federal Reporter as follows:
  United States of America,
  Plaintiff, Appellant
  v
  International Brotherhood of Widget Workers,AFL-CIO
  Defendant, Appellee.
  International Brotherhood of Widget Workers,AFL-CIO
  Defendants, Cross-appellants
  v
  United States of America.
  Widgets, Inc. & Susan Kuersten Sheehan, President & Chairman
  of the Board
  Plaintiff, Appellants,
  v
  United States of America,
  Defendant, Appellee.
  This case should be coded as follows:Appellant = United States, Respondents = International Brotherhood of Widget Workers Widgets, Inc., Total number of appellants = 1, Number of appellants that fall into the category "the federal government, its agencies, and officials" = 1, Total number of respondents = 3, Number of respondents that fall into the category "private business and its executives" = 2, Number of respondents that fall into the category "groups and associations" = 1.
  Your task is to identify the state of the first listed state or local government agency that is an appellant.
choices: not Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachussets Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New New New New North North Ohio Oklahoma Oregon Pennsylvania Rhode South South Tennessee Texas Utah Vermont Virginia Washington West Wisconsin Wyoming Virgin Puerto District Guam not Panama