Is damage caused by the force of a force of an animal the same thing as damage cased by the force of an animal? Sumachos argues that damages caused by the force of a force of an animal are paid half of the damages incurred. What about walking on a road where it is impossible to walk without forcing pebbles off of that road? If those pebble do damage, does the animal's owner pay half-damages? We are reminded that whether or not one pays half damages has nothing to do with whether or not damages are done in the public or private settings.
A great set of questions:
- what if an animal causes damages by wagging its tail? This is a typical behaviour and thus the owner would half damages for damage done
- does that mean that an owner should hold the tail - or for that matter, the horn - of his animal to prevent damage? Goring is different; it is an atypical behaviour
- what if an animal causes damage by its erect penis knocking something over? This is similar to goring rather than trampling or eating. Trampling must be a typical behaviour, and this behaviour is only done when the animal is in heat. Eating is a pleasurable behaviour, and the animal derives no pleasure from this act; it is biological arousal. This act is similar to goring.