← Justinian I

The Digest of Justinian

§9.1.5.pr

Owner's Liability for Injury Caused by a Kicking Mule

Presents a case where a groom's leg was broken because a mule kicked back after a horse sniffed her, and records Alfenus' opinion that an action for damage caused by an animal (pauperies) can be brought against the owner of the mule.

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[ALFENUS libro secundo digestorum.]

[ALFENUS, from the second book of the Digests.]

§9.1.5.pr

​Agaso cum in tabernam equum deduceret, mulam equus olfecit, mula calcem reiecit et crus agasoni1 fregit: consulebatur, possetne cum domino mulae agi,2 quod ea pauperiem fecisset. respondi posse.

​When a groom was leading a horse into a tavern, the horse sniffed at a mule, and the mule kicked out and broke the groom’s leg. The question was asked whether an action could be brought against the owner of the mule on the grounds that she had caused damage. I answered that it could.

Syntax notes2 items
  1. 9.1.5.pragasoni

    A sympathetic dative (dativus sympathicus) associated with the verb fregit (broke), expressing a possessive relationship ('the groom's leg').

  2. 9.1.5.pragi

    A passive infinitive used impersonally (the passive equivalent of 'actionem agere', to bring an action), which combined with possetne means 'whether an action could be brought'.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.1.5.pr