By Dr. J. F. Lycklama à Nijeholt (auth.)
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Sueh diseussions of these laws as we have been abie to consult (Holland, France, Germany, Belgium) showed us clearly that the makers considered the stretching ofwires over another's property unlawful unless legally admitted. We even found the opinion that the proposed restriction of the landowner's right was a serious one, apt to reduce the value of the land, as the wires would probably be a great nuisance to the proprietor of the land 1). In most cases, however, the restriction was eonsidered to be a very light one indeed, and has been enacted without difficulty.
De Corbeil. 10 dec. 1880 2). Trib. civ. de Tours. 19 janv. 1887. Dalloz 1900. 2. 361. Cour d'appel d'Amiens. 19 fevr. 1896. Dalloz 1896. 2. 464. Trib. de paix de Lilie 15 nov. 1899. Dalloz 1900. 3. 361. Cour d'appel de Lyon 9 avr. 1903. Dalloz 1906. 2. 178. Belgium. Cassation Bruxelles 15 mai 1876. La Belg. judo 1876. p. 602. Switzerland. Urteilsantr. der bundesgerichtl. Commission 3). England and U. S. America. Lemmon v. Webb. 70 L. T. 275. Clifton v. Viscount of Bury. 4 T. L. R. 8. National Telephone Co.
Then again, one of these two was adecision of the lower judge and was quashed by the court of cassation, and tbe second one being an indirect decision of the court of cassation, has been followed by two judgments of that court in an opposite direction. For the same reason the Court of Douai's judgment loses much of its value, this court having seven years later, in an identical case, come round to the opinion we are defending. And as to the Belgium judgment, ofthe Court of Ghent, we have already seen that Belgium's highest court does not agree with the Ghent decision.
Air Sovereignty by Dr. J. F. Lycklama à Nijeholt (auth.)