Show COURT RULES AIRIS AIR AIRIS IS FREE TO AIRI USE I sr PAUL Feb Feb Feb- tA 4 16 OP The old common la law maxim ho whose the soil soli I Ia la hi his It I Is 11 from the heavens to the depths of or the earth na a was overruled o In a deci deci- decision decision don sion by Jud Judge e John C Michaelo Michael of the district court of o In a suit for damages brought by bya bya bya I a local property 0 owner ner after an airplane mide m a forced landing on on his property The plaintiff sought onI I aloo aLao to enjoin the defendant from fl Ing over oser his property regardless of the altitude of ot such lights flights I The upper lr la Is s a natural heri herI- herItage hen heritage tage cage to all of the people and It Its reasonable use ought not notto notto notto to be hampered ty an ancient arti artl- arti- arti artificial tidal maxim of lat la law the judge do- do de declared dared The decision is regarded as nB of trent great tance according to 1 K Bell secretary of ot the tho cal chamber of com nerce represents corns om 1200 aircraft operators in the L United States It may be bo Interpreted a as asa aaa a specific declaration of o the tho free free- freedom freedom dom of ot the air whereby IN ira fly over 0 er property without be- be ln be-ln Inc guilty of he ho said Condemnation of air lanes lan I is not because ar al craft can cannot cannot cannot not adhere strictly to a defined course Judge Michael s decision saId The air so far as s It ha has any direct relation to the comfort and enjoyment of the land lad I Is ap- ap appurtenant appurtenant ap appurtenant to the land but to con con- contend contend con contend tend that It I la Is part of ot the realty as affecting the he of ot air navi na nat navigation I gatlon gation I Is only a It legal fiction de- de deold deS de devoid S void old of substantial merit v Judge Judg Michael said that there w som some solos danger of persons and nd pt ope ty from aircraft acci cd a-cd- accidents and this dents were ere infrequent hazard is Infinitely less Iss than en- en encountered en encountered countered In e every otery ry walk Illk of ot life lite from various arloua other causes While granting the plaintiff damages the judg judge in refusing the Injunction said thit modern pru- pru pro progress gross gress and reat public hould a-hould not be blocked by sary sany ry legal i t op 00 budge 0 over oser er East I river New ew ork cost 30 |