TORTS - ADJOINING LANDOWNERS - DUTY OF ADJACENT OWNER TO AIRPORT OPERATOR - DANGEROUS INSTRUMENTALITIES

Plaintiff operated an airport which was adjacent to defendant public utility's uninsulated electric power transmission line. Since the airplane could not enter or leave the airport without flying low over defendant's adjacent right-of-way, the wire constituted an obstruction to their means of ingress and egress; in addition there was the danger of electrocution from contact with the wires. Plaintiff contends that this constitutes an interference with his business and seeks damages. Held, for defendant; under the statute plaintiff is a trespasser because he interferes with the reasonable use of defendant's property and a landowner is under no obligation to keep the premises safe for a trespasser.

Capital Airways, Inc. v. Indianapolis Power & Light Co., (Ind. 1939) 18 N. E. (2d) 776.