The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-10-10
TRESP tIRWEN.
IN Old New York court Decision Of
Inter, % Now.

4 new altitude record = ~ feet. VAS es-
tahli.hed by the aviator Morane ~ peau.
vile. France. On september = According
TO the cable dispatches. when he landed N
q meadow about two miles from the start
ing place. no narrowly missed hitting a
farmef. there was = Wild rush OF excited
spectators 10 greet him and automobiles
and carriages crowded the roads and hun
dreds ran across the helds On the same
day. which was the hrs' day Of the prize
flights near Boston. amateur aviator HaT-
mon went up IN the rain. in feN seconds
sma shed downward into = ditch IN a Squan-
tlm maTsh and mechanics from his own
and other camps came running across the
meadows to lend hand 4" Reading the
paragraphs just quoted must have re-
minded many lawyers Of the familiar case
NJ an action ~ tTespass against an aeronhut
for descending on man land and thereby
attracting a crowd who tramplrd on his
roots and veRetab les Perhaps the memory
Of almost every lawyer would ~ first picture
the case 20 HIM 49, one that aToss m Eng
land for II wac reported nearly hundred
years ago HUI the caAe IL GuIlle vs. swan.
10 Johns ~ , 1si. decided IN Is9, The
facts are there stated a. follows
Guille asoendef IN = balloon In the vicinity ~
swans garden and desc-ndsi into his garden
when ne desc-niei his body Sas hanging oIi
~ The car ~ the balloon In ven perloIs situA
iion and h called - prrS n ~ wr-k n swans
ned tn help him IN oice auiihir - the pur
suing crowd AMER the bsiiaon de ,c-utrI n
dragged along over potatoes Ani rsiI,h-> about
thirty feet. when 6Iilie VA taken out Thc
bAnoon Was carried - a barn - M fusih-r eni
20 'h- premise. when the balloon dSsc~ndei
more than Two huntr' p-rtp1S h-r-" into swan =
garden through the f,Ec~s AMI came "a his
premises bea ting down his vegetable, aNd flowers
The d. mage done by Guile with h's BALBOA uas
- Al ~
more The PLAINTIFF damages In all arnurt>i
To 81 u vas cpntr1i-i h-f'rc tn ius'icr that
Guile was ansVerabte only 20 ne dnnags dn1r
By himself and not Tor the dhnNv' d0ae nv ne
crowd The iusucr was ~ me opinion. anI -
instructed the Jury that the defendant was an
swsrAblc for al th~ damage dp1- - th- pl,in
M me jury accordingly ipurI verdict fpr
him for Son an which the judgment vAs given,
ani for costs
In error IN certi0rari he Judgment ~
the justice ~ the peace was affirmed by the
Ne~ York supreme Court In the ca-- cited.
chef Justice Spcncer.. wiring he opinion.
Causans Of the injury and liable on The prin-
ciple which ruled the decision IA the oele-
sEs,sd san!6 WA TS' HSc 'H s.st 'sSS
the crowd heard him call for help or not II
immaterial. ssid The = ief Justice he had
and thev rushed forward. ImIalIed perhaps
by the double motive q rendering aid aud
grotifvinR cuTlo-.tv winch ne had eNcIief
error had heckone1 20 the crowd 20 come 10
his assistance that he would he liable for
their trespass IN entering the enclosure .
think not Ia that case they would have
been cotrespaa~er~, ana We must consider
The situation In which he placed himself
TO direct request to the crowd 10 follow
him In the present ca-c he did call for
help and NAV have been. heard by he
crowd he - therefore undoubtedly liable
for all the injury sustained