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We think that it is possible to respond to this question in the affirmative. It is not visible the reasons, on
Which the city could not get a ground (enough big)... That
To avoid such low flights... For the sake of public benefits owners of the next
Properties are compelled to transfer noise and a dust as consequence of usual and
Normal job of the airport, but in the opinion of the law the private rights have
Preference when inconveniences arise for the reasons, not
Demanded by rules on a construction and airport operation ".
From here follows, of course, that Atlanta could prevent low flights at
Continuation of operation of the airport. The judge owing to it has added:
"From considered by us follows that the conditions demanding low flights, can
To be eliminated; but if in debate will come to light that to a society continuation is favourable
Airport jobs in its present conditions then it will be possible to tell that to the claimant
It is necessary to refuse satisfaction of the claim ".
During other process connected with aircraft - Smith against Aerocorporation
New England 170 N. E. 385,
390 (1930), v. New England Aircraft Co. 270 Mass. 511, the court has analysed the law of the United States from the point of view
The legalised cases of infringement of public rest and order, and it is obvious that in
Whole the situation is similar to that that exists in England:
"Due function of a legislature of the government is realisation
The police power in relation to problems and the risks arising at
Use of new inventions, and also an establishment of the private rights and
Harmonisation of clashing interests by means of the all-round legislative
The certificates having for an object public welfare... Exist... The similar
Cases, where intrusion of aircraft with all its noise, a dust, a smoke, vibration and
Unpleasant smells as they are legalised by a legislature
The governments also are not, in effect, property negation, though on
Business also conduct to decrease in its market value, it should be transferred
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