Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1910-11-02
AIR TRESPhSSING
MAY Be COSTLY
Modern Filters Must Pick
AEghtlng Places Carefully.
Oh DAMAGE SUIT PRECEDENT

60 Damage Farmers Radish Beds and
SEQ by New York Supreme Court
After Litigation of Several Years.
A new and legal line OF thought has
been awakened by the unexpected de-
scents of aviators. and trespess and
damage cases are likely 70 follow In
view of a precedent nearly 100 years
old
For instance. q new altitude record,
S.4T3 feet. was established by the avn
ator Morane M Deauville. France. on
Sept. B. According to the cable dis
patches. when be landed in meadow
about two miles from the starting
place and narrowly missed hitting a
farmer, there was a wild rush Of ex-
cited spectators to greet him. and "au-
tonobiles and carriages crowded the
roads. and hundreds ran across the
fields"
On the same day. which was the
FIRST day OF the prize fights near Bos-
ton. Amateur Aviator Harmon wont up
in the rain. IN a few seconds smash
ed downward into a ditch In q SQuan-
tupl marsh. and mechanics from his
own and other camps carac running
across the meadows 20 lend j hand"
Precedent Established Early.
Reading these paragraphs reminded
many lawyers OF the familiar case Of
an action Of trespass against an aero
naut for descending or Z mans land
and thereby attracting n crowd who
trampled on bis roots and vegetables.
The case IS Guile versus Swan. 10
Johns. On. ". ISL. decided in 1922
The facts are there stated as follows:
Guile ascended IN q balloon in the vi
elnity OF Swans garden and descended
into his garden. When he descended his
! body was hanging out CT the car OF tire
balloon In a very perilous situation. and
ne called 70 a person at work IN Swans
/ neld to help him In a voice audible 10 the
/ pursuing crowd After the balloon de-
Eeended II dragged along over potatoes
and radshes about thirty fees. when
} Guile WAS taken out TIE balloon was
/ carried TO 4 barn At the farther end of
ae premises.
When the bs!eoa descended more than
100 persons broke into Swans garden
through the fences and came on his prem
ises. beating down his vegetables and
flowers Tie damage done by Guile with
his balloon was about SIS. but the crowd
did much more. The plaintiffs damages
IN all amounted 10 90
1t was conJended before the justice that
| Guile was answered. Bile only for the dam
age done by himself and not for the dam
{ age done by the crowd. The Justice was
/ OF the opinion. and so instructed the Jury,
that the defendant was snswerable for all
the damage done to the plaintiff. The
Jury accordingly found verdict for him
for $50. on which the Judgment was given
and for costs
Supreme Court AfIrnns.
IN error on certiorari the Judgment
Of the justice of the peace was affirmed
by the New York supreme court Chief
Justice Spencer. writing the opinion,
raid 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 versus Sheperd. 2 william
Black, 1927.
whether the crowd heard him call
for help or not Is inlnste-ial." said the
chief Justice; he had put himself In
situation TO Invite help. and they
rushed forward. impelled perhaps by
the double motive OF rendering aid and
, gratifying a curiosity which he had
I excited.
Can II be doubted that II the plaiA.
tih In error had beckoned to the crowd
to come TO his assistance be would
be liable for their trespass in entering
the Enclosure? / think not In that
case they would have been cotrespaSS
ers. and we must consider the si,ua
ten IN which he placed S,nlselT ve-' %.
@rtty sSl a.. .-esy ~ equiva -+.t .,
8 direct request TO The crowd TO follow
him. In the present case he did cal
! for help and may have been heart
? by the crowd: he Is therefore IN
! doubtedly liable for ail the INJURY sus
tanned"