Accident
THE JEWISH EXCYCLOPEDIA
161
hayricks need not be paid for by one that starts a tire but such a one is linbh' for the fiirnituro in a Iious(^ and, it would seem, for lie i:oods in a shop; for things of value are expected to be deposited in a house, but not inn tield (.Maiinonides, /.<•., xiv. 12). Wlieu a sparU is <Miitleil from a hammer and does damage the striker is liable. "When a camel la(h-n with lla. passesalongthehighway.and Indirect the tlax, liein.g pres.sed into the shop, Liability, catches tire from a lamp of the shopkeeper, and the house is burnt, the owner (h/t'ul) of the camel is liable" (15. K. vi. (>), Here is shown the kindling of a tire treated as damage arising from the ordinary walk of an animal for it is not the driver, but the owner, of a <'anu'l on whom the blame is laid, .Maimonides declares him liabh' because the camel was too heavily laden. But when the shopkee]ier leaves his lamp on thecnitside, he is liable to the owner of the tla.x. The abovementioned l)assage<d' the Mishnali is remarkable foithe closing words (which are, however, not good when il is the Hanid<kah law): |{. .ludah says, lamp, he is not liable." for his happens to be the only mention made of the IJanukkab lamp in the whole compilation known as the Mishnali. Other ea.ses are discussed in the Mislmah, such as thea.g.irravalion of "pit " and " tire," when occurring on the ground of the injured parly or on the common grounil of injurcr and injured. From ihcScriplur.d phrase " he ox of his neighbor" the priniiple is drawn that damages for negligence can not lieexacte<l when' the thing injured belongs to I
••
I
I
a heathen, or is cfinseeratcd |ud]ierty, or res inillins, such as the estate of a convert dying without is,sue. The term j/(»V((f (" witnessed against" or " fcn'ewarned") is derived from the case of the goring ox in Scripture (Ex, xxi, 2i)), extended by the Mishnali to those agents who, without any proof of former viciousness, are held rcN]ionsible for any damage that they inllicl. Thus, as ain-ady slated, a human being is mu'ad wlieiher acting wilfully or unwillingly, w lielher awake or asleep: if he blind his neiglibor's eye or break his implements, he must pay the fulldamage. But the word »(•^M for damage must be here taken in the narrow sense of depreciation: for the one that unwittingly or unwillingly intlicis a personal injury is liable for the lasting injury only, not for the four olliir causes of daniagi pain, loss of lime, cost of cure, and disgrac<' for which the wilful assailant must answer(.^taimonides,/.c,xliii, l-."): " Hobel,"i. II iIkk/.). Such animals as a wolf, a lion, a bear, a panther, a h'opard, and a serjient arc held to be always
—
—
owner is consequently "fore exception sought to be made in favor of such animals, when lamed, is disallowed by the majority li. K. i. 4). With the exception of the nmsom which the owner of the " forewarned " ox has to pay in certain and
vicious,
warned
"
their
tin-
i
cases for a man or woman killed by the beast this being denian<lcd by the very words of Scriplnn no conLife, pensalion is ever paid for causing tin' death of a h n man being for the idea of atfuiing by niiuiey for the lossof human life was ab horrent lollii' llibrew mind. This rule was applied evi'ii when a slave was killed by an .Vcciileiil wherein the Talmud dilTers from the Hoinan law, which says only li/ii r luniiti initlinii ml jirrlii (a freeman can have no valuation put upon him). Il is onlv siiK-c I.oni (^anipbells .cl, in is Hi (it and 10 Vic. c' !•:!). that the English common law has allowed coinpeiisaliiai for the death of persons by negligeini'. The master of a slave is not liable tor the torts done bv him, cvcmi
Value of a
Human
—
—
to the extent of giving
him
u]) in compen.satioii for
them: nor is the husband bound for the torts of his wife. But should the .slave be manumitte<l, or the woman be divorced or become a w idow. he or she may be sued for the damage done during slavery (M- coverture. Deaf mutes, insane jiersons, and minors (boys not over thirteen) are not liable for their
own
them or
to
torts, while other jiersons are liable to their representatives (Mishnali B, K.
viii. 4),
The maxim of the Roman and the English law, (jui facit jur iiHinn furit ptr -v (he who acts through anotheractsof himself), has its eiiuivaLegal lent in the ]>hrase of tli<' Talmud,
"A
Status of mau'sagent
Agent.
like
messenger "] is himself"; and this should lead to |
literally,"
the master's liability for the acts of his agentsand servants (not slaves), which in modern lawis the most ini|)ortant point in the law of ne.gligence. On the contrary, the .Mishnali says, when one delivers his callle to an indeiieiidcnl herdsman, the liability devolves on the latter. 15ut where Iheolfending beast has been entrusted to a person untit to care for it, such as a deaf-mute, an insane person, or a minor, the owner is liable forall mishaiis, as if he had retained personal control (B.K. vi. 2). While full damages are held a personal debt of the owner, half damages are to be i)aid onlv " from the body " of the olTending animal. The law in Exodus Siiys: "They shall sell the live ox. and ilivide the money of it and the dead o. also they shall divide" (Ex. xxi. li.")). The old sages showed how this law, when literally enforced, might oft<'n work hardship, as when a worthless steeror he-goat should kill a valuable cow. worth more as a carcass than her living slayer;
hence they deduced their own rule. The owner in such cases i)ays half the dama.ire, but only as far as the animal causing the injury will sjilisfy it. This corresponds to jjiiiijh ii'ik o{ Uonian law, by which. however, slaves as well as animals can be surrendered in satisfaction forany harm done by them and it tindsan analogue in modern niarilime law, in which the liability of the ship-owner is in most cases narrowed down to what can be realized upon the ship. The rule that half damages are always jniid "from the body" only, has one cxceiition, known as that of "the pebbles" and referred to above. Full damages are deemed to lie of the nature of
may tlK'i'efore be adjudged upon the wrongdoer's admission; half damages are regarded in the light of a penalty, and can only he adjudged on the testimony of witnesses, as in ])rosecutions for crime. But all appraisement of either full or half damagi'S must be made by a court of experts; that a debt, and
judgment of ordained
juilges, not of priHence, when all the parties. semlilame of ordination had come loan end the .Tewisli rabbis could no longer adjudge these' damagi' cases ex<-epl by way of arbitration, concilialion, ami religious advice; c<insc(pienlly the later practical codes, like the "Shulhan Anik," are silent uu the whole subject. For he rules by which a tami' animal becomes " forewarned," together with the liability of its owner for the diiilli of human beings, .see CioUINU Ox, is, oil
vate
till'
men chosen by
I
L.
ACCO. ISAAC.
i.-n
Accommodation
Ac
N. D.
See IsA.r hen Samitel op
ni
ACCOMMODATION OF THE LA'W
An
the miligation adaplalii'ii nl l:iu ^ i.. in um-taiicis of the riiror of a law in order lo reconcile it with the i
exigencies of life under changing circumstances. Cases of aicommodaling the law to existing condi-
