Aeroplanes, when passing, must keep to the right, and pass at a distance of at least 150 feet. They are free from this rule when flying at altitudes of more than 100 feet. Every machine when flying at night or during foggy weather must carry a green light on the right, and a red light on the left, and a white headlight on the front.
These are sensible rules, but may be improved upon by the addition of a signal system of some kind, either horn, whistle or bell.
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?
Fine for an Aeronaut.
"An aeroplane while maneuvering is suddenly caught by a treacherous gale and swept to the ground. A crowd of people hasten over to see if the aeronaut is injured, and in doing so trample over Tax-payer Smith's garden, much to the detriment of his growing vegetables and flowers. Who is liable for the damages? Queer as it may seem, a case very similar to this was decided in 1823, in the New York supreme court, and it was held that the aeronaut was liable upon the following grounds: 'To render one man liable in trespass for the acts of others, it must appear either that they acted in concert, or that the act of the one, ordinarily and naturally produced the acts of the others, Ascending in a balloon is not an unlawful act, but it is certain that the aeronaut has no control over its motion horizontally, but is at the sport of the wind, and is to descend when and how he can. His reaching the earth is a matter of hazard. If his descent would according to the circumstances draw a crowd of people around him, either out of curiosity, or for the purpose of rescuing him from a perilous situation, all this he ought to have foreseen, and must be responsible for.'
Air Not Really Free.
"The general belief among people is, that the air is free. Not only free to breathe and enjoy, but free to travel in, and that no one has any definite jurisdiction over, or in any part of it. Now suppose this were made a legal doctrine. Would a murder perpetrated above the clouds have to go unpunished? Undoubtedly. For felonies committed upon the high seas ample provision is made for their punishment, but new provisions will have to be made for crimes committed in the air.