- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.2.57.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
In a case where a borrowed horse was injured by a collision with another rider's horse, Labeo and Javolenus judge that the borrower is not liable, but the negligent rider is, and no action can be brought against the owner of that horse.
[IAUOLENUS libro sexto ex posterioribus Labeonis.]
[JAVOLENUS in the sixth book from the posthumous works of Labeo.]
Equum tibi commodaui: in eo tu cum equitares et una complures equitarent, unus ex his irruit in equum teque deiecit et eo casu crura equi fracta sunt. Labeo negat tecum ullam actionem esse, sed si equitis culpa factum esset, cum equite:1 sane non cum equi domino agi posse.2 uerum puto.
I lent you a horse. When you were riding it and several others were riding along with you, one of them ran into the horse and threw you off, and in that accident the legs of the horse were broken. Labeo denies that there is any action against you, but if it happened through the fault of the rider, there is an action against the rider; certainly, no action can be brought against the owner of the horse. I think this is correct.
- 9.2.57.prsi equitis culpa factum esset, cum equite
Part of the indirect discourse introduced by the main verb negat. After cum equite, the preceding phrase actionem esse is understood, meaning "an action lies against the rider." The pluperfect subjunctive is used for the condition within the indirect discourse, rather than expressing a past contrary-to-fact condition.
- 9.2.57.prnon cum equi domino agi posse
An accusative with infinitive construction featuring the impersonal passive infinitive agi (to bring an action). equi domino (the owner of the horse) refers to the owner of the other horse involved in the collision. It explains that when the fault lies personally with the rider, no liability can be pursued against the owner of that horse.