CHAPTER XIX – Flying Machines Construction And Operation

Chapter XIX of “Flying Machines: Construction and Operation” elucidates the intricate interplay between aviation and law, a relationship prompted by the burgeoning successes of aviation. The foundational legal stance is that property ownership encompasses not only the ground but also extends indefinably upwards into the sky, an interpretation supported by legal luminaries like Blackstone, Littleton, and Coke. This principle grants property owners the right to defend against any unpermitted invasions of their aerial space, save for exceptions like public utility companies which can invoke eminent domain for public welfare.

The text examines scenarios that arise from this legal backdrop in the context of aviation. A notable case is provided where a New Jersey property owner overtly warns aviators against trespassing over his property. This raises complex questions about enforcing property rights against air travel, highlighting practical challenges such as catching and prosecuting offenders and the courtroom dilemma of quantifying damage when an aircraft trespasses without causing tangible harm.

The issue of right-of-way for airships suggests a potential deadlock should property owners uniformly oppose air travel over their lands. A speculative solution hints at regulated air corridors above public highways, aligning with public safety and regulated traffic patterns to minimize invasions of privacy and potential nuisances.

Furthermore, the discourse delves into legal responsibilities and potential liabilities for aviators, stressing the necessity for licensing and regulations to ensure competency and safety. It presents hypothetical scenarios demonstrating the legal nuances in determining liability for damages resulting from aviation activities, suggesting the law’s need to evolve in lockstep with technological advancements to address crimes and contractual obligations in airborne contexts.

This exploration into aviation law underscores the balance between property rights and public interest, hinting at the broader implications for the emerging realm of aviation, where traditional legal doctrines are tested and potentially adapted to accommodate the new aerial frontier. Through examples and hypotheticals, it illustrates the complexity of integrating aviation into a legal framework designed for a terrestrial society.