or destroys something similar, he is liable for it—just as he would be for tethering an animal in a narrow roadway, or for keeping a vicious dog that injures someone who had entered with the owner’s permission, or that mauls a passer-by outside the owner’s house.
The owner of livestock is responsible for whatever it destroys of crops and the like at night, but not by day—unless he has deliberately released it near the field. A rider, driver, or guide is liable for any harm the animal causes with its forelegs, its mouth, or by trampling with its feet, but not for a backward kick (1) or for damage done with its tail.
There is no liability for killing an aggressor, for smashing a flute (2) or a crucifix, or for breaking vessels of gold or silver, or containers of wine that are not legally protected.
Chapter on Pre-emption (3)
It is unlawful to employ stratagems to annul the right of pre-emption. That right accrues to a partner in land subject to compulsory division, provided it is sold for the price on which the contract has been concluded. A neighbour has no pre-emption, nor is there pre-emption in a detached building, or in facilities such as a bathhouse or a small dwelling, nor in property taken as a bridal-due or the like. Trees and buildings follow the land, but crops and fruit do not.
The right must be exercised immediately after one learns of the sale; if he delays without excuse, or denies the word of a trustworthy witness, it lapses, just as it does if he seeks to take only part of the property.
Among co-owners the right is apportioned according to their respective shares: if some waive their claim, the remaining partner may either take the entire property or leave it.