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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in classic literature ?
As Adam lay a-dreaming beneath the Apple Tree, The Angel of the Air he offered all the Air in fee.
The Tin Woodman had chopped a big pile of wood, and now he made a fire of it, and Oz held the bottom of the balloon over the fire so that the hot air that arose from it would be caught in the silken bag.
When I had inhaled this air freely, I sought the conduit pipe, which conveyed to us the beneficial whiff, and I was not long in finding it.
Far below her she found six great glowing balls suspended in the air. The central and largest one was white, and reminded her of the sun.
He was ready to don the diving-dress himself, or try the air apparatus, in order to reconnoiter the situation of his courageous friends.
Ferguson have used two balloons, his chances of success would have been increased; for, should one burst in the air, he could, by throwing out ballast, keep himself up with the other.
I can rise when the air is calm and full of holes, and I can rise when its boiling, and by my control of my plane areas I can come pretty close to making any speed I want.
No sooner had the eyes of the Prince of the Air rested on her than he forgot all the terrible woes which had been prophesied to him ever since he was born, for in one single moment the plans of years are often upset.
Talk about air! If there was anything in it, the people in that air ought to live to be a hundred.
In evening's limpid air, What time the dew's soothings Unto the earth downpour, Invisibly and unheard-- For tender shoe-gear wear The soothing dews, like all that's kind-gentle--: Bethinkst thou then, bethinkst thou, burning heart, How once thou thirstedest For heaven's kindly teardrops and dew's down-droppings, All singed and weary thirstedest, What time on yellow grass-pathways Wicked, occidental sunny glances Through sombre trees about thee sported, Blindingly sunny glow-glances, gladly-hurting?
All we ask of the Thing is to carry us through the air.
When he had got me into a seat, I fought and panted so terribly for air that even with his obtuseness he knew I was in a bad way.