regarding water navigation; while being operated through the air other-
wise than immediately above water, it shall be treated as an aircraft.
"Aeronaut" includes aviator, pilot, balloonist, and every other person
having any part in the operation of aircraft while in flight.
"Passenger" includes any person riding in an aircraft, but having no
part in its operation.
1927, ch. 637, sec. 2.
2. (Sovereignty in Space. ) Sovereignty in the space above the lands
and waters of this State is declared to rest in the State, except where
granted to and assumed by the United States pursuant to a constitutional
grant from the people of this State.
1027, ch. 637, sec. 3.
3. (Ownership of Space. ) 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 4.
1927, ch. 637, sec. 4.
4. (Lawfulness of Flight. ) Flight in aircraft over the lands and
waters of this State is lawful, unless at such a low altitude as to interfere
with the then existing use to which the land or water, or the space over
the land or water is put by the owner, or unless so conducted as to be im-
minently dangerous to persons or property lawfully on the land or water
beneath. The landing of an aircraft on the lands or waters of another,
without his consent, is unlawful, except in the case of a forced landing.
For damages caused by a forced landing, however, the owner or lessee of
the aircraft or the aeronaut shall be liable, as provided in Section 5.
1927, ch. 637, sec. 5.
5. (Damage on Land. ) The owner of every aircraft which is operated
over the lands or waters of this State is absolutely liable for injuries to
persons or property on the land or water beneath, caused by the ascent,
descent or flight of the aircraft, or the dropping or falling of any object
therefrom, whether such owner was negligent or not, unless the injury is
caused in whole or in part by the negligence of the person injured, or of
the owner or bailee of the property injured. If the aircraft is leased at
the time of the injury to person or property, both owner and lessee shall
be liable, and they may be sued jointly, or either or both of them may be
sued separately. An aeronaut who is not the owner or lessee shall be liable
only for the consequences of his own negligence. The injured person, or
owner or bailee of the injured property, shall have a lien on the aircraft
causing the injury to the extent of the damage caused by the aircraft or
objects falling from it.
1927, ch. 637, sec. 6.
6. (Collision of Aircraft. ) The liability of the owner of one aircraft
to the owner of another aircraft, or to aeronauts or passengers on either