air

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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 ?
Although congestion pricing's potential for improving air quality remains iffy, more HOT lanes are opening around the country.
The public is entitled to indoor air quality and the comfort of good ventilation systems.
Environmental Protection Agency, one of the chief causes or contributing factors to poor indoor air quality is inadequate ventilation.
5 data; whether air quality monitor readings correlate with population exposure; and the inability thus far to identify a biological mechanism that would give credence to concerns about PM.
At the same time, Occupational Health and Safety Administration (OSHA) published a new set of proposed rules on indoor air quality.
For Marcia Sawnor, an industrial hygienist with the Rochester, New York-based engineering firm Erdman Anthony and a veteran indoor air quality investigation manager, the biggest factor in ensuring good air is the proper operation of a building's ventilation system.
Information about the air quality in many areas of Alberta is updated hourly on the Alberta Environment Air Quality Website: airquality.
Environmental Protection Agency (EPA) announces an extramural funding competition supporting research into the consequences for air quality of global change, including climate, climate variability, land use, economic development, and technology.

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