Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1913-08-22

long as man had not succeeded in
mastering the air this was true
enough. There was air sufficient for
all of us and as none could navigate
it with any success, questions of the
control of the air did not arise.
But now we have the aeroplane
and the airship and we are in what
promises to be the beginning of an
age of aviation. So it is that the
law is beginning to develop; to keer
pace with the development of aero
nautics. AS yet, flying machines are
few in number, but it seems that we
may well look forward to time ir
the not so far distant future wher
the passage of aeroplanes and air.
ships will be no common spectacle
What right has the aeronaut to pass
above our property? What are his
liabilities in case he causes injury to
| those below him? These and many
similar questions are arising, and
the law is preparing to answer them
as they arise.
II one passes over your land, on
the surface, without permission, he
has committed a trespass and tho
ne may have caused no appreciate
damage to your premises you may
recover small damages in a court of
law by way of vindication of your
rights. What are your rights to-
ward the aeronaut who passes thro'
the air above your properly? It'll a
fundamental rule of English law
that persons property extends in
definitely upward and indefinitely
downward. This rule has existed
since the beginnings of law, and un-
der it one has control of the area
above his land. A strict observance
OF this rule world lead to this result:
An aeronaut who passes above your
lard is a technical trespasser, and
though he drops nothing upon you or
yours, though he causes you no real
injury, he has violated your rights
ne has trespassed-and you may sue
HIM and recover damages. Such
would be the logical result of the ap-
pllcation of the law as it has long ex-
listed in English speaking countries.
But it seems highly improbable
that the law will be allowed to re-
main in this condition. Aviation has
come to stay and it would seem to
be necessity that aeronauts be al
lowed to pass freely over the prop
erty beneath, whether it be private
ly owned or public highway. The
necessity seems certain to cause a
change in the law, which is likely to
come IN the form of legislative en-
actments concerning flying mach
mes. The Feench have already TAX
IN action, a law having been recent
" enacted. which extends to aero
nauts free right to navigate 1.-THE air
passing where they will. The ma
lion retains the general control of
The air, however, so that it may pre-
vent any but French airships from
lying over French territory. and
make such regulations as may be
necessary.
Among the American states Con-
necticut has taken the lead in pass
ing legislation of this character. A
law entitled IAN Act Concerning
the Registration, Numbering, and
Use of Air Ships, and the Licensing
of Operators Thereof" was passed
by the state in 1911. Under this
law, airships are subject Ito regula-
lions similar to those generally ap-
pied to automobiles. The owner
must file certain information with
the Secretary of State, pay fee, re-
ceive certificate emitting him to
fly, and a number. This number
must be displayed on the :airship in
letters not less than three feet in
height. Airships may be operated
only by licensed aeronauts.
This law fixes the responsibility
for all resulting damages in the fol-
lowing section:
Every aeronaut shall be respon-
slble for all damages suffered in this
state by any person from injuries
caused by any voyage in an airship
directed by such aeronaut; and if The
be the agent or employee of another
in making such voyage his princ ipal |
or employer shall be responsible for
such damage"
The question Of fvipu tha ,.o,,,ox, |