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AIR. That fluid transparent substance which surrounds our globe.
     2. No property can be had in the air it belongs equally to all men, being indispensable to their existence. To poison or materially to change the air, to the annoyance of the public, is a nuisance. Cro. Cr. 610; 2 Ld. Raym 1163; I Burr. 333; 1 Str. 686 Hawk. B. 1, c. 75, s. 10; Dane's Ab. Index h.t. But this must be understood with this qualification, that no one has a right to use the air over another man's land, in such a manner as to be injurious to him. See 4 Campb. 219; Bowy. Mod. Civ. Law, 62; 4 Bouv. Inst. n. 36 1; Grot. Droit de la Guerre et de la Paix, liv. 2, c. 2, Sec. 3, note, 3 et 4.
     3. It is the right of the proprietor of an estate to enjoy the light and air that will come to him, and, in general, no one has a right to deprive him of them; but sometimes in building, a man opens windows over his neighbor's ground, and the latter, desirous of building on his own ground, necessarily stops the windows already built, and deprives the first builder of light and air; this he has the right to do, unless the windows are ancient lights, (q.v.) or the proprietor has acquired a right by grant or prescription to have such windows open. See Crabb on R. P. Sec. 444 to 479 and Plan. Vide Nuisance.

References in periodicals archive ?
As mentioned above, this paper is based on an air-conditioning study for an industrial facility (Vrellas 2009).
Installation of new energy-saving air-conditioning allowed the rooftop to be cleared for a garden that helps reduce the "heat island effect.
A malfunction over the weekend shut down the air-conditioning system Monday and led to a suspension of court services for about four hours.
Rebates are also offered by utility companies for high-efficiency motors, electric air-conditioning, gas air-conditioning and steam air-conditioning.
We felt that our role was to educate mechanical contractors and building managers on the best method for moving into the future by anticipating change, and understanding that in a post-CFC world, everyone's air-conditioning program will be greener.
In its rush to prove that the LAUSD was air-conditioning classrooms as promised, the district spent nearly $400 million to install these noisy units.
They fear that the guideline would eventually become a state or federal regulation, and force the entire air-conditioning program to be redone while adding sharply to the cost of building new schools.
At Burbank High, senior Jill Hensiek checks a thermostat for the school's new air-conditioning system Thursday.
These CFCs are in virtually every home, office building, movie theater, hospital, supermarket, hotel and most automobiles because they are essential in the operation of air-conditioning and refrigeration systems.
Despite favorable conditions for growth, the residential air-conditioning market is stifled by high energy consumption, taxation, the change of refrigerant from R22 to more expensive environment-friendly alternatives, and stringent government regulations regarding installation.
The settlement was the costliest of four lawsuits brought against the district by air-conditioning contractors, said school board member David Tokofsky, adding that the suits have cost the district roughly $4 million so far.
The group, the International Council of Air-conditioning and Refrigeration Manufacturers' Association (ICARMA) agreed at a meeting in Anaheim, Calif.