University of Virginia Library

Responsibility of Aviators.

Mr. Jay Carver Bossard, in recent numbers of Fly, brings out some curious and interesting legal points in connection with aviation, among which are the following:

"Private parties who possess aerial craft, and desire to operate the same in aerial territory other than their own, must obtain from land owners special permission

to do so, such permission to be granted only by agreement, founded upon a valid consideration. Otherwise, passing over another's land will in each instance amount to a trespass.

"Leaving this highly technical side of the question, let us turn to another view: the criminal and tort liability of owners and operators to airship passengers. If A invites B to make an ascension with him in his machine, and B, knowing that A is merely an enthusiastic amateur and far from being an expert, accepts and is through A's innocent negligence injured, he has no grounds for recovery. But if A contracts with B, to transport him from one place to another, for a consideration, and B is injured by the poor piloting of A, A would be liable to B for damages which would result. Now in order to safeguard such people as B, curious to the point of recklessness, the law will have to require all airship operators to have a license, and to secure this license airship pilots will have to meet certain requirements. Here again is a question. Who is going to say whether an applicant is competent to pilot a balloon or airship?