The sun., 1912-07-07
FARMAN FINED, BUT LIEN
/ ON AIR IS NOT DECIDED
Landlords Who Songht Damages
end order Regulating Flights
Disappointed.
GET PART SATISFACTION"
One French Lessee Awarded
SlOO-Court Fails to Settle
Ownership Of Ozone.
GET PART SATISFACTION
s,,-,a, cahts n,.potch 10 Tn, sry

krSefTf TNtS bPspotCN 70 lHu Sun,
PARIS. July o. The Fifth Cour, Of the
CIVIL Tribunal at the Palais de Justice
handed down decision to-day in the
seton brought by several land owners
al Ruc Guyancourt. Touss,is- le- Noble.
and other places to restrain NJ. Maurice
Farman and his pupils from flying over
the PLAINTIFF properties. The plaintiffs
alleged they had suffered loss when aero
planes piloted ny NJ. Farman and his
pupils aliehted in their fields. and they
claimed damages. The plaintiffs de-
mAnded 81 900 damages for injury already
done fine Of 500 for every time an
seroplane is found flying less than 200
meters high. fine for SO for each appa-
rs'us carrying pupils or passengers for
pleasure and fine Of SO for each appa-
rstus not fitted with a silencer for the
motor.
The caeee Of NM. Valet. Bertrand and
Brinquant were dismissed. NJ. Valet
admitted that NJ. Farman had leased
his land. NJ. Brinquant. owner of q
farm leased by NJ. Emile Mauge the
Mayor Of Buc. said his clients had no COM
piaints TO make against aviators passin z
occasionally over private property. But.
b. explained. inexperienced aviators
and thoee who are learning to pilot an
aercplane fear great heights and fy
near the ground and thus endanger people
working in the fields. Animals also are
Startled BY the noise Of the motor.
The court awarded NJ. Mauge 500 francs
damages and condemned NJ Farman to
pay the costs.
The court, however. did not render a
direct opinion on the ownership of the
Or above mans property. as had been
awaited with interest.
NJ Champetier de Rbes. who repre-
sented two Of the plaintiffs. NJ Mango
and NJ Brinquant. said in the course Of
his argument before the court:
When an aeroplane alights in the
middle OF a cultivated field the damage
done ia always considerable. Not only
|. damage done by the machine itself
but by assistants who come with auto
plane
Another complaint was in connection
with the 6ghts at Buc last year, when
records were made by well known avi-
s'ors, who kept on circling around for
sever al hours TO the inconvenience of
tina neghbors The advocate mentioned
III. case Of NJ Tabuteau. who few for
more than six hours at a height of only
seventy-five meters over course indl-
Gated ny men holding dags. These men
had been posted on private property
WITHOUT permission.
All the damage has been done be-
Cause Maurice Farman does not have
sufficient ground" added NJ. Champe-
ter de Ribes We complain that you
e. over our grounds to further com
nsrcial purposes.
More than forty bipanes pass over
nv clients land every day. disturbing
the game. that goes To some Quieter spot
and therefore is lost to them
VI Champetier de Ribes protesteS
against the action Of the Chambre Syn
dcale des Industries AaronaItiaues.
which was represented at the hearing
and maintained that the air is free o AT
VI 1acoin. who appeared on behalf
OF " Bertrand. dwelt upon the depreci-
Slon in property values caused 10y the
constant passage Of noisy aeroplanes.
H" suggested that some relief might be
VI Gondinet addressed the court IN
the course OF the hearing on behalf Of
the Chambre Syndicate des Ird,Ist ries
AeronnautiQues The existence of aero
natlc industries depends upon the result
Of this action" he said If a tribunal
were 10 decide in favor of the plaintiffs
these industries would he killed
He added that the scope of the action
is much wider than the title Mauge and
others Y Farman indicates No one has
ever dared to attack the French War
Office. which has more pilots than any
private enterprise. The whole questio on.
he said, is whether the air ia free to all.
and declared that not an accident te per-
Sons or animals had happened outside
N serodrome
~ is true" he continued, that under
French law everything above and below
the surface Of the ground belongs 10 a
landowner. but does that apply TO the air
a. we'll? Where is there a man who
would claim the stars over the boundary
os his possessions?
Two questions are involved In this
action One concerns NJ. Farman and
his nsighbos The other is the regr-
&ion ~ aerial navigation. There is
% cnur' compAtent 10 pass on such mat
t'rs Tn" authorities are now studying
N" question. ard il would be wise To
a~a' their decision
After long consideration of the argu-
m@n's and testimony the court made