University of Virginia Library

Difficult to Fix Damages.

Such a condition would tend to greatly increase the risk of accident, either through collision, or by the carelessness of the aviators in dropping articles which might cause damages to the people or property below. In such a case it would undoubtedly be a nuisance, and in addition to a fine, the offender would also be liable for the damages.

Taking it for granted that no actual damage is done, and the owner merely sues on account of the invasion of his property, how is the amount of compensation to be fixed upon? The owner has lost nothing; no part of his possessions has been taken away; nothing has been injured or destroyed; everything is left in exactly the same condition as before the invasion. And yet, if the law is strictly interpreted, the offender is liable.