Bava Kamma 40 - Borrowing a Goring Ox By Mistake (Torts)

If one borrowed an ox on the assumption that it is innocent and is found to have been warned for goring, then if it is under the borrower's care, the owner pays half-damages, while under the borrower's car, he pays full damages.

But why? 

Borrower: "I borrowed an ox, not a lion!" 

Owner: "I told you it was aggressive, so you had to guard it. And even if it were innocent, you would pay half the damages."

Borrower: "For the innocent, the payment comes from its body."

Owner: "Even so, you would then repay me for the ox."

Art: Lion by William Huggins

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