Bava Kamma 52 - A Pit that is Open (Torts)

A pit of two partners - if the first partner covered it after he used it, and the second one came to use it and found it uncovered (worms ate the lid) and didn't cover it, the second one is exclusively liable for any damage that it does.

If one covered a pit properly and nevertheless an ox or a donkey fell into it and died, he is exempt.

If an ox with its utensils fell into a pit and the utensils broke, the pit owner is liable to pay for the damage to the animal but is exempt from paying for damage to the utensils.

Art: Hamlet and the Gravediggers by Pascal-Adolphe-Jean Dagnan-Bouveret

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