Causby v. United States

WHITAKER, Judge.

In the foregoing findings of fact we have described the easement taken by the defendant as the right to fly its plane? through the airspace over plaintiffs’ property at altitudes between 83 feet and 365 feet above the surface of the ground. Eighty-three feet is the height above the ground of the safe glide angle, below which defendant’s airplanes did not claim the right to fly. Three hundred sixty-five feet is 300 feet above the tallest object on plain tiffs’ property. Three hundred feet is the minimum safe altitude fixed by the Civil Aeronautics Authority at which any type of…