Bava Kamma 51 - A Pit of Two Partners (Torts)

If there is a pit of two partners, and the first one passed by and did not cover it, and then the second one passed by it and did not cover it, the second one is liable to pay for the damage it causes.

But the first one was also negligent! In this case, he handed over the pit's cover to the second one.

But how can a pit of two partners exist? The one who completed it is liable! In this case, one dug a pit nine hand-breadths deep and then they both simultaneously uprooted a clump of earth from its bottom.

Art: Ditchdiggers by Vincent Van Gogh

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