Brief Fact Summary. Defendant, while hunting, fired his shotgun at birds flying over Plaintiff’s land. Plaintiff sued for trespass, claiming damages of $10.
Synopsis of Rule of Law. Interference with the airspace over one’s property can give rise to an action for trespass.
Issue. Did the trial court err when it granted Plaintiff nominal damages for the discharge of a shotgun over his land?
Held. No. The judgment was affirmed.
* Under Blackstone’s interpretation, land extends upwards and downwards, giving its owner rights in its air space.
* Air space, at least near the ground, is nearly as subject to protection as is the ground.
The common law of England means that body of jurisprudence as applied and modified by the courts of this country up to the time it became a rule of decision in this commonwealth.View Full Point of Law