Humanitext Reader

Justinian I · The Digest of Justinian §19.5.23.pr

Action Against One Dropping a Shown Ring into a River

Passage 2910 of 9271 · Latin

Summary

Alfenus' opinion on a case where one of two men walking by the Tiber dropped and lost a ring shown to him by the other, stating that an action on the case (actio in factum) can be brought.

[ALFENUS libro tertio digestorum a Paulo epitomatorum. ] §19.5.23.prDuo secundum Tiberim cum ambularent, alter eorum ei, qui secum ambulabat, rogatus anulum ostendit, ut respiceret: illi excidit anulus et in Tiberim deuolutus est.
[ALFENUS, in the third book of the Digests epitomized by Paul.] When two men were walking along the Tiber, one of them, at the request of the one walking with him, showed him a ring so that he might look at it; the ring slipped from his hands and rolled down into the Tiber.
respondit posse agi cum eo in factum actione.
Alfenus answered that an action on the case could be brought against him.

Notes

  1. §19.5.23.prilli — Dative form, functioning here as a dative of separation (dativus separationis) or disadvantage. Contextually, it refers to the companion who asked to see the ring (ei, qui secum ambulabat), indicating that the ring slipped from his hands.
  2. §19.5.23.prposse agi — An accusative-with-infinitive construction depending on the main verb `respondit`, where the passive impersonal infinitive `agi` (an action to be brought) is combined with the auxiliary `posse` (to be able). It means 'that [an action] could be brought', with the defendant indicated by `cum eo` (against him).

Cite this passage

Justinian I, The Digest of Justinian §19.5.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.5.23.pr

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