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amount of compensation to be fixed upon? The owner has lost nothing; no
part of his possessions has been taken away; nothing has been injured
or destroyed; everything is left in exactly the same condition as before
the invasion. And yet, if the law is strictly interpreted, the offender
is liable.
Right of Way for Airships.
Somebody has suggested the organization of flying-machine corporations
as common carriers, which would give them the right of eminent domain
with power to condemn a right of way. But what would they condemn? There
is nothing tangible in the air. Railways in condemning a right of way
specify tangible property (realty) within certain limits. How would an
aviator designate any particular right of way through the air a certain
number of feet in width, and a certain distance from the ground?
And yet, should the higher courts hold to the letter of the law and
decide that aviators have no right to navigate their craft over private
property, something will have to be done to get them out of the dilemma,
as aviation is too far advanced to be discarded. Fortunately there is
little prospect of any widespread antagonism among property owners so
long as aviators refrain from making nuisances of themselves.
Possible Solution Offered.
One possible solution is offered and that is to confine the path of
airships to the public highways so that nobody's property rights would
be invaded. In addition, as a matter of promoting safety for both
operators and those who may happen to be beneath the airships as they
pass over a course, adoption of the French rules are suggested. These
are as follows:
Aeroplanes, when passing, must keep to the right, and pass at a distance
of at least 150 feet. They are free from this rule when flying at
altitudes of more than 100 feet. Every machine when flying at night or
during foggy weather must carry a green light on the right, and a red
light on the left, and a white headlight on the front.
These are sensible rules, but may be improved upon by the addition of a
signal system of some kind, either horn, whistle or bell.
Responsibility of Aviators.
Mr. Jay Carver Bossard, in recent numbers of _Fly_, brings out some
curious and interesting legal points in connection with aviation, among
which are the following:
"Private parties who possess aerial craft, and desire to operate the
same in aerial territory other than their own, must obtain from land
owners special permis
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