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 periodicals archive ?
* Follow-up X-rays are to be obtained before air travel to exclude the presence of residual air or recurrence of pneumothorax.
Attempts to remedy this problem have led to problems with residual air pockets.
A brain CT scan five days later showed no residual air. No signs of neurological deficit or headache were noted at discharge or three weeks post partum.
A chest x-ray is usually ordered 12-24 hours following chest tube removal to check for residual air.
Samples were then boiled and vacuumed to remove residual air in the substances.