m .
11
ill
F I N E S. Book L.
A perftn
having fixed
up a nuilance
upon his
houfe, is refponfible
for
any damage
it may occa-
fion even after
he has
fold the
houfe.
A perfon laying
fire in the
highway is
refponfible
for any thing
which may
be burnt in
confequence.
Workmen
conftrufting
a nuifance
are refponfible
for any
accident it,
may occafion
before their
work be
finiihed.
If a perfon conftrua a balcony, preceding from his houfe, and
then fell the houfe, and the balcony afterwards fall upon any perfon
and deilroy him,— or, if a perfon fet up a piece of timber in the middle
of the highway, and afterwards fell it, and deliver it to the pur-
chafer, and he [the purchafer] declare him acquitted of all accidents
which may happen from it, and leave it there until it fall and kill
fome perfon,— the feller is refponfible in both mftances, and nothing
whatever falls upon the purchafer; becaufe the act of the fellei [in
conftrufting the balcony, or fetting up the timber) is not done away
by the extinction of his property; and as fuch a£t occafions refponfibi-
lity, he is refponfible accordingly, and not the purchafer,'who has
not done any a£t to occafion refponfibility.
If a perfon lay fire in the highway, and any thing be burnt in
confequence, he, as having tranfgreffed, is refponfible for the damage.
If, however, after the fire being thus laid in the highway, the wind
fhould blow it to another place, and any thing be burnt in confequence,
he is not refponfible, as by the wind carrying off the fire hid
aft is done away. Some, indeed, fay that if the fire was laid in the
highway at a time when the wind was high, he is refponfible ; becaufe
he laid the fire there, notwithflanding his knowledge of the
probable confequence; and therefore the aft of the wind, in carrying
it off, is in efFeft the fame as if he had himfelf carried it to the place
which was burnt.
If a perfon hire workmen for the purpofe of conftrudting a balcony,
or a penthoufe, and fuch balcony or penthoufe fall upon and
kill a man before the workmen had finifhed it, the refponfibility falls
entirely upon the workmen; for the deceafed was deftroyed in confequence
of their a f t ; and fo long as they continue engaged in the
work, the balcony or penthoufe is not held to be delivered to their
employer. Their aft is therefore conftrued into homicide, infomuch
r J I that
Chap. II.
that they mull perform an expiation for it. Befides, as their employer
did not hire them to k ill any perfon, but to conflruCt an ere&ion, the
accident has therefore no relation to the contract of hire, but attaches
to the workmen alone, whence the damage alfo attaches folely to
them, as being a confequence of their aft. If, on the contrary, the
balcony or penthoufe in queftion fall after the work is finiihed, the
owner of the houfe is refponfible, on a favourable confl ruction ; for in
this cafe the contract of hire has been completely fulfilled, infomuch
that the workmen have become entitled to their wages. Their act
has therefore devolved upon their employer, who confequently Hands
in the fame predicament as i f he had himfelf performed the work;
and he is refponfible accordingly. '
I f a perfon fpill water on the highway, either purpofely, or by a perfon ;5
performing his. ablutions there, and a man or animal perilh in confe- forPa°nn ^ci-
quence, a fine for the man-is due from.the perfcn’s Akilas, or acorn- dent <***-.
penfation for the animal from the perfon himfelf; becaufe he has been throwing wa-
guilty of a tranfgreliion, injurious in its confequences to the paflengers -highway!*
upon the road. It is otherwife where water is fpilled in arclofed lane
by one of the inhabitants, and a man or animal perilhes in confequence;
or, where an inhabitant of fuch,a: lane fets down any thing in the
middle of it, and a man or animal falls over the fame, and fo perilhes;
for in none of thefe cafes does relponfibility attach to him, as any inhabitant
of a clofed lane is entitled, in virtue of his refidence, to perform
thefe adts in fuch. lane, in the fame manner as in a partnerlhip
houfe. Lawyers remark that what is here advanced applies only to a
sale where water is fpilled upon the road in large quantities, fuch as
commonly renders the footing infecure;— but that if the water be
only in a fmall quantity, and not in a degree to endanger the paffenger,
there is no refponfibility.
If a perfon knowingly and wilfully pafs over a road in which unlefs the
water has been fpilled, as above, fond perilh in confequence of falling Mdned'ihe
V o t . IV. A a a in
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