Curiosities of Law And Lawyers

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Curiosities of Law And Lawyers
James Patterson
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The judge thus expressed his views of the law: "I do not think it is a trespass to interfere with the column of air superincumbent on the close of another. I once had occasion to rule, on the circuit, that a man who from the outside of a field, discharged a gun into it, so that the shot must have struck the soil, was guilty of breaking and entering it. A very learned judge who went the circuit with me, having at first doubted the decision, afterwards approved of it, and I believe that it met wi...th the general concurrence of those to whom it was mentioned. But I am by no means prepared to say, that firing across a field in vacuo, no part of the contents touching it, amounts to a clausum /regit. Nay, if this board commits a trespass by overhanging the plaintiff's field, the consequence is that an aeronaut is liable to an action of trespass at the suit of the occupier of every house and inch of ground over which his balloon passes in the course of his voyage. Whether the action lies or not cannot depend upon the length of time for which the superincumbent air is invaded.

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