duty of the
owner to remove
the
ruins ; and
failingofthis,
he is refponfible
for fub-
fequent accidents.
The owner of
a ruinous wall
is not refponfible
for accidents
occa-
fioned by the
fall of any article
from it,
unlefs fuch
article belong
to him.
him, and another perfon fall over the eorpfe, and fo perilh, the I
proprietor of the wall incurs nothing for this fecond perfon, be-
caufe the removal of the eorpfe was incumbent upon the: heirs,
not upon him. If, on the contrary, another perfon, after the wall
falling, be deftroyed by Humbling over a fragment of the ruins,
the owner of the wall is refponfible, as it is his bufinefs-to clear
the road of all fuch fragments, fince thofe are his property, and
an application with refpeft to the wall itfelf is (as it were) an I
application with refpeft to the fragments, the intention of it being to j
clear the highway.
I f a perfon make application concerning a wall which, leans
over towards the highway, and it afterwards fall, throwing down
a vafe, or urn, which had Hood upon it, and a man .be thereby
deftroyed, the owner of the wall is refponfible, provided the vafe
or urn was his. property, as the freeing the -road from it rjpgl
upon him. If, on the contrary, the vafe or urn be the property
of fome other, the owner of the wall is not refponfible, fince the
freeing the road from the'vafe or urn refts upon him to whom
it belongs.
C H A P . III.
Of Offences committed ly or upon Animals.
T he rider of an animal-is anfwerable for any thing- which the animal The rider of
may destroy by, treading it down, or by ftriking it with his head, his “"fponfible'’
forefeet, or his body:, but he, is not refponfible for any thing which for anydathe^
animal may deftr.oy by ftriking it with his hind-feet or his tail.— fionedbyit,
Iii Ihort, it is a, rule that the right of palling, on the highway, is allowed':
to fhe whole community, under the condition only o f fafety to prevent;
for it is the exercife-of- a privilege, in the paflenger, with .refpeCbtb
himfelf in one Ihape, and with refpeCt to others in another lhape,. the
right of paflage being participated among the whole ■ community,—
whence it is adjudged to all, under the condition of fafety, with a
view to the intereft'of both parties'.— It is moreover to be obferved,
that'a:rCftri£tfOn to the condition oFfafety can, obtain only in matters '■
where all attention to fafety is practicable'; for if it were impofe'd
where fuch attention is impfa'Cticahle, the exertion ofthe privilege [of
travelling on animals] would' be altogether precluded. Now it is
polfible For a mail to guafd'agaihft the animal he rides treading men
Sr property under foot, and fuch like, fince a perijbn who rides is
under no neCeflity of treading down'evely thing that lies in his w a y :
but he cannot guard againft the animal ftriking things, with his hindfeet
'or tail, fiiice'an'animal unavoidably ufes thefe parts, in travelling,
without any immediate controul from its'rider. Accordingly, he is
reftrifted to the condition of fafety in the former inftance, but not in
the latter. If, however,' he flop the animal in the highway, he is and if he flop
refponfible for any deftruftion which may be occafioned by a kick of the anin>al in
, J J , the road, he
C H A P . its '