OCR Text |
Show oo WOULD RESTRAIN USE OF AIR ABOVE FARM BY PLANES KANSAS CITY, Mo., July 30 Whether a property owner is also owner own-er of the air above his land is to be determined through a court action brought by Frederick Hoenemann, a farmer. He seeks to restrain a company com-pany cwnlng airplanes from using the air above his farm. lloenemaun contends that sight of the machines and the noise of their engines en-gines disturb the livestock. There is said to be no direct precedent preced-ent to guide the court, and the case Is causing wide discussion in legal circle Legal experts of England have discussed dis-cussed the matter from the standpoint stand-point of national ownership of the air, it is said Some lawyers contend that freedom of tho seas and freedom of the air are the same, while others assert the courts have held that ownership carries car-ries with it light and air above the property as well as the earth beneath. It is pointed out that when the steam engine came there were, many law suits, the plaintiffs contending that the noise as well as the danger jeopardized their stock Tho Massachusetts Massa-chusetts supreme court, however, rendered ren-dered the opinion that the locomotive was lawful and in keeping with prog ress. Attorneys say a similar condition condi-tion aroso when motor cars came into use, but the highest court of Indiana ruled in their favor on the grounds that the law must keep pace with progress. |