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.
Relations of Owner and Employee.
"It is a general rule of law that a master is bound to provide
reasonably safe tools, appliances and machines for his servant. How this
rule is going to be applied in cases of aeroplanes, remains to be seen.
The aeroplane owner who hires a professional aeronaut, that is, one who
has qualified as an expert, owes him very little legal duty to supply
him with a perfect aeroplane. The expert is supposed to know as much
regarding the machine as the owner, if not more, and his acceptance of
his position relieves the owner from liability. When the owner hires an
amateur aeronaut to run the aeroplane, and teaches him how to manipulate
it, even though the prescribed manner of manipulation will make flight
safe, nevertheless if the machine is visibly defective, or known to be
so, any injury which results to the aeronaut the owner is liable for.
As to Aeroplane Contracts.
"At the present time there are many orders being placed with aeroplane
manufacturing companies. There are some unique questions to be raised
here under the law of contract. It is an elementary principle of law
that no one can be compelled to complete a contract which in itself is
impossible to perform. For instance, a contract to row a boat across
the Atlantic in two weeks, for a consideration, could never be enforced
because it is within judicial knowledge that such an undertaking is
beyond human power. Again, contracts formed for the doing of acts
contrary to nature are never enforcible, and here is where our
difficulty comes in. Is it possible to build a machine or species of
craft which will transport a person or goods through the air? The courts
know that balloons are practical; that is, they know that a bag
filled with gas has a lifting power and can move through the air at an
appreciable height. Therefore, a contract to transport a person in such
manner is a good contract, and the conditions being favorable could
undoubtedly be enforced. But the passengers' right of action for injury
would be very limited.
No Redress for Purchasers.
"In the case of giving warranties
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