. Busyman's Magazine, July-December 1907. mands of modern traffic andthe increase of aerial navigation. Butin the United States it is evident thatno such relaxation can be is a well-established doctrine ofthe law of real property that the ownerof the land owns up to the zenith; THE AERilAL ENCOUNTER OF JUDGE REARDON 129 and if the landowners exclusive pro-prietary rights in the air above his landhave not heretofore been asserted ex-cept in relation to trespasses of a fixednature, this is because the science ofaerial navigation is yet in its time will doubtless come whe
. Busyman's Magazine, July-December 1907. mands of modern traffic andthe increase of aerial navigation. Butin the United States it is evident thatno such relaxation can be is a well-established doctrine ofthe law of real property that the ownerof the land owns up to the zenith; THE AERilAL ENCOUNTER OF JUDGE REARDON 129 and if the landowners exclusive pro-prietary rights in the air above his landhave not heretofore been asserted ex-cept in relation to trespasses of a fixednature, this is because the science ofaerial navigation is yet in its time will doubtless come when theair, which in its character of space isunquestionably the subject of privateownership, will be parceled out justas the land is; and the unfortunatemajority who own neither land nora portion of the sky will be entitledto the use of the air only by the suf-ferance of its owners, and on makingjust compensation. The only free airwill be that overlying public roads,parks, the public domain, etc. No suchrelaxation as is proposed in France. >o H^^ Our captor is talking to us. will, as I have remarked, be possiblein the United States; for the air, be-ing appurtenant to the land, is pro-perty in the strictest sense, and itsownership is protected by the con-stitutional limitations imposed uponboth the State and Federal govern-ments, that no person shall be de-prived of property without due pro-cess of law. I regret to say that Judge Rear-don was ultimately forced to pay avery large sum of money. For thebenefit of students of jurisprudence,I present herewith a summary of thefines and recoveries awarded by theFrench courts: no damages were al-lowed against M. Rambaud or his air-ship, our suit being dismissed on the ground that we were guilty of con-tributory negligence in riding in anautomobile so constructed that grap-pling anchors from airships could notbe removed while the car was in mo-tion. This is what Judge Reardon wascalled upon to pay: to M. Rambaud for loss
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