University of Virginia Library

Points to Be Proven.

One of the first things the plaintiff would be called upon to prove would be the elevation of the machine. If it were reasonably close to the ground there would, of course, be grave risk of damage to fences, shrubbery, and other property, and the court would be justified in holding it to be a nuisance that should be suppressed.

If, on the other hand; the machine was well up in the air, but going slowly, or hovering over the plaintiff's property, the court might be inclined to rule that it could not possibly be a nuisance, but right here the court would be in serious embarrassment. By deciding that it was not a nuisance he would virtually override the law against invasion of a man's property without his consent regardless of the nature of the invasion. By the same decision he would also say in effect that, if one

flying machine could do this a dozen or more would have equal right to do the same thing. While one machine hovering over a certain piece of property may be no actual nuisance a dozen or more in the same position could hardly be excused.