Evening star., 1934-05-12
LAWS ON AVIATION
AREBE|NGREV|SED
At INSTITUTE HERE
Legal Relationship Between
Flyers and Property Own
erS Restated.
| AVIATORS GET RIGHTS
ABOVE EARTH'S SURFACE
Responsible for Damage or
Frightening Live Stock and
Human Beings.

The first comprehensive compila-
ton clarifying the hitherto chaotic
subject of airplane law is contained
in the restatement Of the laws Of
torts which the American Law In
stitute is expected to approve in its
final form today
Courts in various localities have
differed widely in their decisions as
to the responsibility Of an aviator
who flies over private property.
Under the old common law, a prop
erty owners rights extended from the
center of the earth TO the heavens
and any intrusion on the surface,
above it or below it was a trespass.
This theory, of course. was consid-
erably modified with the advent Of
the airplane and the beginning Of air
travel on large scale. The institute
now has proceeded to liberalize the
rules still further in favor Of the
aviator.
Must Settle Damages.
The restatement proceeds on the
theory, however, that 'at the present
time the operation Of aircraft is an
extra hazardous activity and any
damage caused thereby must be as
Sessed against the aviator.
Even if pilot, through no fault OF
his own. falls on private property, he
must pay any damage incurred.
The institute holds air travel Is
privileged, however, if it is Cd for
the purpose of travel through air
space; (2) in a reasonable manner"
and 90 "at such a height as not to
interfere unreasonably with the pos
SCISSORS enjoyment of the surface of
the earth and the air space above it"
Thus, any pilot who flies above
private property for the purpose OF
spying, taking movies, for advertising,
or for exhibition purposes is liable If
he does not have the owners con-
sent.
Liable for Stunting.
AS to stunt flying. the restatement
says: 1T is important to consider
whether the manner in which the
flight is conducted would be objec-
tionable to person of reasonable
senSitiveneSS."
1t is construed from this that if ali
aviator went through such hair
raising stunts over mans property
as to cause the owner to become III or
extremely nervous from apprehension
that he might fall, he would be liable
for damages.
The pilot is assumed to be liable
for interfering with the owners use
of his property only if he knew or
ought to have known that he was
flying in such a manner as to inter-
fere with that use.
Thus, if an aviator few over lot
where a sound motion picture were
being taken, although ne saw the pic
lures being taken, and the noise Of
his motor disturbed the activity be-
low him, he would have to pay.
Farmers would be protected under
this provision from low-hying air
planes frightening their live stock.
Although the restatement gives to
airmen definite privileges, it still re-
tains for property owners their theo-
retical right to the use Of the air
above their property. If a man is
conducting a flying school and a
strange aviator flies over his field in
such a manner as to interfere with
the flights of student aviators. he is
deemed a trespasser it is stated in
the new compilation.
Sessions End Tonight.
The institute has been meeting at
the Mayflower Hotel since Wednes-
day. Its sessions will end with BAN
quet tonight, at which addresses will
be delivered by Donald R. Richberg.
N. R. A. counsel; Former Senator
George Wharton Pepper of Pennsyl-
vania and James Grafton Rogers, for
mer Assistant Secretary of State.
A final draft of the restatement Of
conflict of laws was approved by the
institute yesterday. That, together
with a final draft Of torts, will be the
major accomplishment OF this annual
meeting.
The restatements have no actual
legal force, but because of the emf
nence of the juristS by whom they
are made, they are expected ultimate
ly to be accepted as law by courts
throughout the land.
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