damage had
•wilfully pafT-
ed over fuch
water.
T h e perfon
who dire&s
water to be
fprinkkd in
die road is
refponfible
for accidents.
Cafe o f a perfon
digging a
well, or laying
a ftone,
in the highway*
in it, nothing whatever is incurred by the perfon who fpilt the water
fince here the deceafed has periflied from his own wilfulnefs or obfti-
nacy. Some, however, remark that this rule obtains only where
the water is fpilled over a part of the road, for in that cafe a part remains
unaffeded by i t ;— whereas, if it extend over the whole road
the paffengers have no option; and (as they further obferve) thé
fame diftindion holds with reiped to Umbers, or other nuilances, fet
up in the highway.
If a Ihopkeeper defire a perfon to fprinkle water in the front of
his fhop, and another perfon fall there, and die in confequence, the
refponfibility refts upon him who gave the order, [the Ihopkeeper,]
on a favourable conftrudion;— (and fo likewife, i f a fhopkeeper hire
a workman to ered a ftall or other edifice in the front of his fhop,
and after it is finifhed a perfon fall over it and die;)— becaufe the order
given by the fhopkeeper is of a lawful nature, his right to the pre-
cindts in front o f his fhop being fuperior to that of any other perfon;
and therefore the act o f the perfon whom he diredted muft be referred
to himfelf.— It is otherwife where a perfon orders another to throw
water, or eredt an edifice, in the middle of the highway; for in this
cafe the refponfibility refts upon him who obeyed the order, as an
order to this effedt is unlawful, the man who gave the order poffef-
fing no fuperior right in the highway.
If a perfon dig a well, or lay a flone, in the middle of the highway,
and a man perifh in confequence, a fine is due from the Milas
of the perfon who placed fuch nuifance there. If, on the Contrary,
an animal were thus to perifh, the compenfation for the fame would
be due from the property o f the perfon in queftion ; becaufe, as he
has been guilty of a tranfgreffion, he is therefore refponfible for any
accidents it may occafion; and as the Akilas are not implicated
except in offences againft the perfon, it follows that, in cafes
of
of property merely, the refponfibility refts folely upon the offender
himfelf.
T he throwing of dirt or earth in the highway, or the carrying
away of earth thence, fo as to occafion an hollow, is the fame as
placing there a ftone or log of wood, for the reafons already explained.
It is otherwife where a perfon merely /weeps the road; for in this cafe
he is no way liable to refponfibility, as his ad of fweeping does not
occafion any nuifance, but rather the contrary. If, however, this
perfon leave an heap of the fweepings in the road, fo as to occafion
accidents, he is refponfible, fince in adting thus he is guilty of a tranf-
greflion.. J
If a perfon lay a ftone in the highway, and a fecond perfon remove
the ftone to another part o f the road, and a man be thereby
deitroyed, the refponfibility refts upon the remover o f the ftone; becaufe
the ad of the original depofitor is abrogated in its effed, by the
place which he had occupied with the ftone being cleared, and another
place being occupied with it by the ad of the remover,— who is therefore
relponfible for the confequence.
It is related in the Jama Sagheer, that i f a perfon conftrud a
common fewer in the public highway, by the order or compulfion of
me oultan, he is not refponfible for confequences; becaufe, in con-
ftruding the fewer, he has not committed any tranfgreffion, for in fo
doing he aded by order of the Sultan, who poffeffes a paramount authority
with refped to all public rights. It is otherwife where a per-
°n oes fo without fuch an order ; for in that cafe he is relponfible
« having tranfgrefled, in prefuming to encroach upon the public
tWts without a fufficient authority :-befides, ads with refped to the
'ghway are permitted under a condition of fa fe ty ,- th a t is, under
e condition that they be not injurious. It is to be obferved that
A a a 2 this
T h e throwing
dirt, or
(tigging a
hole, in the
highway is
the fame as
placing a
ftone there.
The remover
o f a nuifance
to another
fpot incurs
refponfibility
for
any accident
it may afterwards
occafion.
There is no
refponfibility
for accidents
occafioned by
a few er con-
ftrufted in the
highway by
public autho*
rity.