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Justinian I · The Digest of Justinian §9.2.57.pr

Liability of a Negligent Rider for Colliding with a Borrowed Horse

Passage 1574 of 9271 · Latin

Summary

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. ] §9.2.57.prEquum 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.
[JAVOLENUS in the sixth book from the posthumous works of Labeo.] 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 negat tecum ullam actionem esse, sed si equitis culpa factum esset, cum equite: sane non cum equi domino agi posse.
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.
uerum puto.
I think this is correct.

Notes

  1. §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.
  2. §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.

Cite this passage

Justinian I, The Digest of Justinian §9.2.57.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.2.57.pr

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