Translation:Shulchan Aruch/Choshen Mishpat/411

Paragraph 1- Subcategories of pit-damage include one’s stone, knife, load or something similar that one left in the public domain and damaged in their location, regardless of whether he made them ownerless or not, or if he placed them on top of his roof and they fell from a typical wind and damaged in their place after they fell, because it is similar to a pit in that his possessions are damaging in the location they were placed. Thus, it has all the rules of pit-damage, requiring the owner to pay for the full damage for the death or damage of an animal, and for the damage of a person, whether he tripped on a stone and was damaged by the stone or tripped on the ground and was damaged by the stone. If he tripped on the stone and was damaged by the ground, however, he would be exempt, and he would also be exempt if a person died or a vessel broke in such a case. Similarly, if he left the items in his domain and made his domain ownerless but did not make the items ownerless, and one tripped on the ground and was damaged by this obstacle, the owner of the obstacle would be liable.

Paragraph 2- If the items fell in an atypical wind and damaged while falling, or even if they damaged after they fell before the owner had time to remove them, he would be exempt. After he had time to remove them, however, he would be liable. If the owner made them ownerless, he would even be exempt after such time.

Paragraph 3- If the owner placed them in the public domain and they did not damage in their place but rolled to another place via the foot of a person or animal, and it damaged while it was moving via the person’s foot, the person rolling it would be liable for everything because he was negligent with this damage, and the owner of the obstacle would be exempt.

Paragraph 4- If the items were rolled by an animal’s foot, and they damaged while moving, the owner of the animal would be liable for half and the owner of the obstacle would be liable for half.

Paragraph 5- If the animal shot out the item and it damaged while travelling, the owner of the animal would pay ¼ and the owner of the obstacle would pay ¾.

Paragraph 6- If the item damaged after it stopped rolling, the damage is like a pit and the owner of the obstacle is liable for everything.

Paragraph 7- If one brought his ox to another’s courtyard without permission, and the ox defecated and soiled the courtyard-owner’s vessels, the owner of the ox would be exempt because the manure is a pit and a pit is exempt for vessel-damage, as was explained in the immediately preceding Siman.