The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1911-01-05
AIR TRESPASSInC
MAY Be COSTLY
Modern Filters Must Pick
AIighting Places Carefully.
OLD DAMAGE SUIT PRECEDENT
BaIloonist Whose Plight Caused Crowd
to Damage Farmers Radish Beds and
Potato Patch In 1922 Forced to Pay
$50 by New York Supreme Court
After Litigation of Several Years.

new and legal line Of thought has
been awakened by the unexpected de-
scents of aviators, and trespass and
damage cases are likely to follow In
view of precedent nearly 100 years
old
For instance, a new altitude record,
s,473 feet, was established by the avi-
ator Morane at Deauville, France, on
Sept. 3. According to the cable dis
patches, when he landed in a meadow
about two miles from the starting
place and narrowly missed hitting
farmer, there was a wild rush Of ex-
cited spectators to greet him." and "au-
tomobiles and carriages crowded the
roads, and hundreds ran across the
fields"
On the same day, which was the
first day of the prize flights near Bos-
ton. Amateur Aviator Harmon went up
in the rain. in a few seconds smash
ed downward into a ditch in a Squan-
tum marsh, and mechanics from his
own and other camps came running
across the meadows to lend a hand"
Reading these paragraphs reminded
many lawyers of the familiar case of
an action Of trespass against an aero
naut for descending on a mans land
and thereby attracting a crowd who
trampled on his roots and vegetables.
The case is Guile versus Swan, 10
Johns. On. ", 3S1, decided in 1922.
60 =, H1n
Guile assembled in a balloon in the VI
cinity of Swans garden and descended
into his garden. When he descended his
body was hanging out of the car of the
balloon in a very perilouS situation, and
re called to a 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 descended more than
200 persons broke into Swans garden
| through the fences and came on his prem
Uses. beating down his vegetables and
flowers. The damage done by Guile with
his balloon was about SIS, but the crowd
did much more. The plaintiffs damages
in all amounted to 800
It was commended before the justice that
Guile was answerable 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 anSwerable for all
the damage done to the plaintiff. The
jury accordingly found a verdict for him
| for $50, on which the judgment was given.
and for costs.
Supreme Court Affirms.
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,
| 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 versus Sheperd, William
Black, 1922.
whether the crowd heard him call
for help or not Is immaterial," 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
| excited.
Can it be doubted that If the plain.
tiff in error had beckoned to the crowd
to come to his assistance he would
be liable for their trespass in entering
the Enclosure? l think not. In that
case they would have been cotrespass
ers, and we must consider the situa
ton in which he placed himself volun
| tarily and designedly as equivalent tt
a direct request to the crowd to follow
him. In the present case he did cal
for help and may have been heard
| by the crowd; he is therefore I'M
doubtedly liable for all the injury sus
| tanned"