sH F X H ' & £ -Boosl.
this diftindtioii holds in all cafes of adts with refpect to the' highway,
as the fame reafoning equally applies to every other inftance. '
A perfon digging
a well
in his own
land is not
refponfible
for any death
it may occa-
fion.
I f a. perfon dig a well' in his own land, and another be killed by
falling into it, the digger, of the well is not refponfible, as he has not
tranfgreffed ;; and the fame rule alfo holds where a perfon digs a well
within the precindts of his houfe, a man being entitled fo to do, for
the purpofes of domeftic convenience.- Some fay that this rule with
refpedt. to a well dug in the precindts of a houfe holds only in cafes
where the houfeholder has either a property in fuch precindts, or pof-
feffes.a right, by immunity, of digging therein;— but that where the
precindt is public, or held in partnerfhip, (as in the cafe of a cburt or
clofed lane,) the digger is refponfible, fince in digging "the well
under fuch ■ circumftances- he is guilty of a tranfgreffion.— This is.
approved.
A perfon J I f a perfon dig a well or pit in the highway, and another happen
falling into a . r n • 1 i . n r v ’ ' t t • r r
well, and to in? and there penlh of hunger, the digger is not refponfible*
o f a c c o r d i n g to Haneefa, becaufe the deceafed has here died o f hunger,
does not oc- and not in confequence of the excavation,- as his death cannot be atfitriHty?
1^011 tributed to the latter unlefs he be killed by the fall, which is not the
cafe in this inftance.
Workmen If a perfon hire workmen to dig a well in. the precindts of his,
d^aTellln neighbour’ s habitation, and they dig it: accordingly, and a man be-
are^ot re-”d killed by falling into it, the refppnfibility refts upon the employer,
fponfibie for not upon the workmen, provided they-dug: the well under the1 idea
accidents u n - . . . ’ L ‘ . ^ * °
lefs they be of the place being within the precincts of their, employer; becaufe, as
trefpaf?*6 a contradt of hire, ignorantly engaged in, is:.lawful and valid In appearance,
their adt is therefore referred to the hirer, they themfelves-
haying proceeded under a deception:—the cafe being, in fadt, the
fame as where a perfon defires another to flay “ fuch a goat,” and
' he
C iT A P . n . F I N E #,• 365
he does fo accordingly, and it afterwards, appears that the goat was
the property of another,— in which cafe the compenfation is paid by
the perfon who gavé the order. It is otherwife where the workmen
dig the well, knowing, at the fame time, that the place is not, within
the precindts ôf their employer; for in this cafe they are refponfible ;
becaufe the contradt is not here valid in appearance, as they have not
been deceived.
If a perfon conftruct a bridge, or lay a plank, in the highway
jiover a ftream] without authority, and another, wilfully palling over
fiich bridge or plank, fall off and përifli, ffill the perfon in queftionis;
not refponfible;- becaufe although hé be the. creator o f the caufe, and
therefore a' traiifgreffof, yët ak’ the deceafed. was a wilful agent'*, and
tranfgreffed in his own adt‘f , his ' dèftrudtiön is therefore referred to
himfelf; and alfo, becaufe wlicte the act of one who has an option
intervenes, it precludes the-reference of the dèftrudtiön to the firft.
agent; as where (for inftance) a perfon digs a well in'the* highway,
and' anèther givés- a maffa'ptffh, a'nd thereby caufes him'to'fall'iiitq
the well, fo that'he dies;— in which cafe thè refponfibility refts: upon,
the perfon Who gave the pufh, fiiice his adt, being the aét o f a wilfuL
agent;: precludes a reference of th e ! déflrudtion to the digger o f
the well.
The buildeir
o f aprivàte
"bridge, &c. is>
hot ‘refpon-
fible foffany
Irfe" .which
ma.v’bè loft irç
pamng ô ver
If a perfon’ be 'carrying a load upon the highway, and the load a porter ra
fill upon any; perfon fo'as to kill him, or fall in the road fo as to ‘?HPonfib,e
caufe a perfon to ftuinble "and thereby, occafion his death, the.refponfibility
refts upon the'carrier ;— whereas, i f a perfon be wearing a
cloak upon the highway, and it fall upon any perfon,- or upon the
road, fo as to'occafion death, the carrier of the cloak is not refponfible.
occafione&by
his load;
o f'it
Arab. M ob afiir j— literally a perpetrator.
t (Probably) as h'aving palled over the bridge, & c . without leave from the builder