The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1922-08-02

10y 1OiIhSo We .ko
Now Nv. discovered something
else 10 worry Seattle property
owners, IN addition 10 street Inn
provemrnts, taxes ard neighbors
who keep chickens.
Suppose you were standing on
your broad acres or maybe your
ANAL corner lot and an aviator
flying a mile or two above drop
ped monkey wrench on tho
business end Of your neck.
Unless you were exceptionally well
constructed from the collar button
north, chances are some life insur'
anoe company would be shedding
tearn ana hanknotra. But did you
survive the bump. or IN case you re
ceived a bust on the big toe instead
OF tho cupoin. it'r reasonable 20 be-
lleve you'd make tho aviator pay for
his careless act. II possible.
No accident ~ this Kind has yet
happened. insofar as know ttiils
with th. number of alrplanes In use
increasing faster than sunhurned va
|eaffonssts. it'. only a question % time
before some uniucky bird gets
beaned--and his family win 70 10
law over it.
what them
Craving q legal opinion. ! went 20
Thomas Byron Macsfahon, who has
been attorneying around Seattle for
many moons. He SHE'D violently At
my attack.
why pick on me--r'm not tossing
wrenches out ~ aiFpianer." he ut
tered. 'sThere lnnt any rule ~ law 20
cover tho ssfuaiicn--yes on. yes.
soraefhsng like that will happen roFn~
day. I presume Il will be up 70 fhr
Judge who hears the case, Hell de-
eide IL one way or another. And
what he says win SO. Don't think y
WON'T. Tho judge Ia the umpire--ai'
ways.
HOW HIGH
IL ARR
-os course. Il has always been as
stunned land owners title extends 20
tho center % tho earth. but AZ 70
his overhead rights--how hlwh m tho
air do they got How high 10 the
air. anyway. young rnanT''
you aren't interviewing me. I'm
interviewing you ssid !. Don't
ask me the hard ones
sH.m. Well. " We grant the
property owner has title "a the
air above his lands. n T. probable
the aviator could b. serus~d Of
fro~pssx. Possibly you could sue
him IN case Of aeeid~nt--pcpsid-
ed you could recognize the air.
plane or flying machine again, or
could prove he was sbove your
particular property when u all
happened"
"Sounais ~ simple ~ the an.
swer 10 one ~ tho-e queries iiko
how low !. down or how far II
away I hinird.
You see. there's mo precedent
explained MacMahon. should
property owner fear alrpianes flying
over hiH property. he might try 20
snfoln them from such trespass IN
court. lie could put u np to the mar
on tho bench"
And what 10 you suppose would
be the Judges ruling In the natter
asked eagerly
liza. ha'' exploded tho lawyer.
Now III tell one. DO you think I'm
ciaIrvoyan,. or romethinF7 Nobody
knows VIA, a Judge ~ going TO say.
Hut he'd rule one why or the other.
believe me.
DIDN'T LIKE
AVIATOR
Il do recall now an inciden, which
occurred In 1906. while ] was city at.
torney OF West Seattle. then n sop.
arats municipality. Tha proprietor
OF Luna park came 20 me and asked
an Injunction against certain flier
whom no wished 70 keep from soar.
ing above the amusement place. Said
the aviator would disconcert and an.
noy his patrons--pcrhaps endanger
their lives.
I'm those days the airpisns was in
its infancy. as you know. ! refused
to listen TO the park man. figuring
tho whole thing ridiculous. ! said
I couldn't stop the fiicr'
And he flew. did he7"
"As ! recall. he did. Tho 7 be-
lleve he ended I'm with m spiIi I'm