Maitland v. Twin City Aviation Corp.

The first contention of defendant is that the flight of defendant’s planes over plaintiffs’ mink ranch on May 12,1947, causing damages, was not an actionable wrong, and that there is not sufficient evidence to warrant the finding that the aircraft flew at a low altitude.

Sec. 114.03, Stats., provides as follows:

“Landowner’s rights skyward. The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 114.04.”

Sec. 114.04, Stats., provides as follows:

“Flying lawful,…