Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-10-30
TRESPASSING AIRMEN.
An Old New York Court Decision of
Interest Now.

From the Law Notes.
| A new altitude record Sab feet. was
established by the aviator Morane at
Deauville, France, September g. Accord
ing to cable dispatches. . when he landed
| in a meadow about two miles from the
starting place, he narrowly missed hit
! ting a farmer, 'there was a wild rush
OF excited spectators to greet him" and
| automobiles and carriages crowded the
road and hundreds ran across the fields.
| On the same day, which was the first day
| of the prize flights near Boston, Amateur
| Aviator Harmon went up in the rain, in
a few seconds smashed down into a ditch
in Squantum marsh and mechanics
| from his own and other camps came run
ming across the meadows to lend hand. y
Reading the paragraphs just quoted must
have reminded many lawyers Of the IA
miliar case of an action OF trespass
against an aeronaut for descending on, a
mans land and thereby attracting q
crowd who trampled on his roots and
vegetables. Perhaps the memory OF sl-
most every lawyer would at first picture
the case to him as one that arose in Eng
land, for it was reported nearly a hun
dred, years ago. But the case Is Guile
agt. Swan, 10 Johns On. VI 3S1, decided
in 1922. The facts are there stated as
follows:
Guile assembled in q balloon In the vi
Unity u -oWdIl . sdIutH diu ucSCcIIUeQ
into his garden. When he descended his
body was hanging out of the car of the
balloon in a very perilous situation and
he called to person at work in Swans
field to help him in voice audible TO the
pursuing crowd After the balloon de-
scended it dragged along over potatoes
and radishes about thirty feet, when
Guile was taken out. The balloon was
carried to barn at the farther end OF
the premises. When the balloon descend
cd mn la
into Swans garden through the fences
and came on his premises, beating down
his vegetables and flowers The damage
done by Guile with his balloon was
about SO, but the crowd did much more.
The plaintiffs damages in all amounted
to 500 1t was contended before the JUS
tice that Guile was answerable only for
the damage done by himself and not for
the damage done by the crowd. The JUS
tice was of the opinion and so instructed
the jury. that the defendant was answer
able for all the damages done to the
plaintiff. The jury accordingly found a
verdict for him for 800, on which the
Judgment was given. and for costs.
In error certiorari the judgment of
the Justice of the peace was affirmed by
the New York supreme court in the case
cited. Chief Justice Spencer. writing the
opinion. said that the defendant was the
causa causans of the injury and liable on
the principle which ruled the decision in
the celebrated Squib case, so called
(Scott agt. Shepherd, . VIM. Black, 500
Whether the crowd heard him call for
help or not Is immaterial." said the chief
justice; '-lle had put himself In a situa-
ton to invite help and they rushed for
ward. impelled perhaps by the double
motive of rendering aid and gratifying a
curiosity which he had excited. Can it
be doubted that II the plaintiff In error
had beckoned to the crowd to come to his
assistance that he would be liable for their
trespass in entering the Enclosure? I think
not. In that case they would have been
| cotrespassers. and We must consider the
situation in which he placed himself vol
UNFAIRLY and designedly as equivalent 10
a direct request to the crowd to follow
him. In the present case he did call for
help and may have been heard by the
crowd; he is therefore undoubtedly liable
| for all the injury sustained"