Air

That fluid transparent substance which surrounds our globe. See "Easement."

That fluid transparent substance which surrounds our globe,

A qualified property may be had in the air or atmosphere." The private owner of property has a natural right to purity of air; and, formerly, a like right to its free passage. Easements relative thereto are; a right to pollute it to an extent justified by the customary busiless of the locality; and, to send noise through it.^ Ko man niay so use the air as to injure his neighbor. To poison or materially change it is a nuisance. ^ > [United States v. Greathouse, 4 Saw. 4S8 Field, J. » Young V. United States, 97 U. S. 68 (1877). " See 4 Neb. 455; 101 111. S85. * Township of Burlington v. Beasley, 94 U. S. 810:i876); Osborne v. County of Adanjs, 106 id. 181 (1882). 'Thomson v. Lee County, 3 Wall. S.30 (1865); James s. Milwaukee, 16 id. 159 (1878); Kenicott v. The Supervisors, ib. 452 (1872); Railroad Co. i). County of Otoe, [6. 667 (1878); Town of Concord v. Savings Bank, 92 U. S. 625 (1875); Fairfield v. County of Gallatin, 100 id. 17 (1879);.Quincy v. Cooke, 107 lU 649 (1882); Ottawa v. 3arey, 108 id. 123 (1S83); Lewis d. City of Shreveport,:b. 286 (188-3); City of Savannah v. Kelly, ib. 184 (1888); Jrenda County Supervisors ti. Bragden, 112 id. 861 1884), cases. «3B1. Com. 14. ' 10 A. & E. 590; 4 DeG. & S. 315; 11 H. L. C. 650; 10:!. B. 268; 19 W. E. 804; 4 Bing. N. C. 183. An easement in the air coming over another's land cannot be acquired in the United States.' Upon a conveyance, the right to air coming over other land of the grantor is implied as an easement of necessity." The right to pure air is an incident to land. "While in cities the causes of pollution cannot be as easily tracefl as in sparsely inhabited places, yet, when the source of a well-defined nuisance is definitely known, the courts will protect the rights of any person injured by it. Each case must rest upon its own merits. The rule by which a court will be guided is the maxim that every one must so use his own property as not to injure another. ^ See Health; Nuisance; OconpANcr; Property, Qualified; Utere, Sic, etc. A; J. See A, 3.