Reprinted from The London Public Opinion in the July 15, 1886 Edition of The Chatham Record:
“The practice of using balloons for advertising is likely to become a nuisance and a danger. Lord Ellenborough, in Pickering vs. Rudd, 4 Camp. 219, threw out a doubt whether a balloon, in passing over a man’s land, committed a trespass; but in Kenyon vs. Hart, 6 B. & S. 249; 34 Law J. Rep. M.C. S7. Lord Blackburn said that he understood “the good sense but not the legal reason of the doubt,” and there need be no hesitation in saying that a balloon in the air may commit a trespass. Probably, therefore, the neighbor of the owner of a captive balloon which infringes his boundary is entitled to an injunction, and if he takes no step in process of time his neighbor will obtain an easement for his balloon. Such an injunction was granted some years ago in the ease of a captive balloon which was drawn up and down for the entertainment of passengers in it. Apart from the question of trespass, if any substantial annoyance is caused, a balloon may be enjoined as a legal nuisance.”
We probably wouldn’t be thrilled if someone set up a Dancing Balloon Noodle across from our house.