AVIATION-TRESPASS-NUISANCE

Authors

Abstract

Land-owners sought to enjoin flight over their property as a trespass and nuisance; and to enjoin as a nuisance the use of the adjoining field as a base from which to make such flights. Held, injunction denied because of insufficient evidence of injury. Flight at 500 feet or more was impliedly authorized by the statute forbidding flight lit less than that attitude over buildings or persons. Mass. Acts, 1922, ch. 534, sec. 1 sub-sec. 55. As to occasional flights over unoccupied brush land at a height of about 100 feet in landing or taking off, injunctive relief was denied for the same reason. Such flights, however, were said to be technical trespasses. Smith v. New England Aircraft Co. (Mass. 1930) 170 N. E. 385.

Recommended Citation

AVIATION-TRESPASS-NUISANCE, 29 Mich. L. Rev. 242 (1930).
Available at: https://repository.law.umich.edu/mlr/vol29/iss2/11