Yerushalmi Bava Kamma 3:5 ירושלמי בבא קמא ג׳:ה׳

MISHNAH: Two potters were walking one behind the other. The first stumbled and the second stumbled over the first; the first is liable for the damage done to the second. One came with an amphora, the other came with a beam. If the jug of the one was broken by the other’s beam he is not liable since each of them had the right to walk there⁸³The owner of the jug had the duty to keep his distance from any obstacle which endangered his vessel..

HALAKHAH: “Two potters were walking one behind the other,” etc. Rebbi Joḥanan asked: Does one give time to the first to get up⁸⁴Is stumbling alone an indication of insufficient attention which makes the stumbled person liable to damages? Or is the person who notices that he is falling down required to alert the persons following him to be careful? Or is stumbling an accident for which he is not responsible; his liability then would start only if he does not expeditously clear the way for others. Also in the Babli, 31a, R. Joḥanan is reported to accept the third alternative.? Rebbi Yose said, it is obvious for Rebbi Joḥanan to give time to the first to stand up. But it is reasonable otherwise from the second one onwards⁸⁵If somebody sees an accident in the road in front of him, does he have to stop faster to avoid a multiple collision?, does one give time to the second to stand up? Let us hear from the following: ⁸⁶The following text to the end of the paragraph, except for some interspersed editorial comments, is closely related to Tosephta 2:8–10 (partially quoted in the Babli 31a); these texts are used to correct a scribal error and fill a lacuna in the text.“Potters were walking one behind the other. The first stumbled and fell, the next one stumbled and fell, the next one stumbled and fell. The first one pays to the second, and the second to the third. But if all fell because of the first, he pays for all of them. They are liable for damage to humans but not liable for damage to vessels⁸⁷By the rules of ‘pit’. The Babli, 31b, denies the definition of ‘pit’ to the first person who caused the mass collision.. But if they (damaged) [warned]⁸⁸Reading of Tosephta and Babli. one another, none are liable. Donkey drivers were walking one behind the other. The first stumbled and fell, the next one stumbled and fell, the next one stumbled and fell. The first one pays to the second, and the second to the third. But if all fell because of the first, he pays for all of them. Donkeys were walking one behind the other. The first stumbled and fell, the next one stumbled and fell: even 100, all are liable.” Some Tannaïm state, none are liable. Rebbi La said, he who says ‘liable’, if their owner let them lie down. He who says ‘not liable’, if they fell, since animals are not responsible for accidents⁸⁹The owner of an animal is not responsible for accidents caused by it. The sentence about donkey drivers was inserted only to show the difference between the drivers and their animals.. “If the feet of a donkey were bad, one is not allowed to step over him. [ ]⁹⁰With the parallels, one has to insert: “If it fell, they are permitted to step over it.”” What does it mean, ‘to step over him?’ They step on his body and pass by⁹¹If the path is narrow and does not allow for a bypass.. “If one was free, the other loaded, the loaded one has the right of way before the free one. One unloaded⁹²It carries empty packaging., the other one loaded, the loaded one has the right of way before the unloaded one. If both were loaded or both unloaded, let them agree between themselves⁹³In the Babli, Sanhedrin 32b, the one who gives up his right of way can demand payment from the other party.. Two carriages or two ships, one empty, the other loaded, the loaded one has the right of way before the unloaded one. If both were unloaded or loaded, let them agree between themselves.” ⁹⁴Derekh Ereṣ Rabba, Chapter 10; Derekh Ereṣ (Maḥzor Vitry) Chapter 8, end.“The person entering the bath house gives precedence to⁹⁵Yields the right of way. the person leaving; the person leaving the toilet gives precedence to the person entering.”

“One came with an amphora, another came with a beam.” Rebbi Ze‘ira asked: If they changed⁹⁶One of the people suddenly changed his speed so that the other crashed into him. One might read this paragraph in connection with the next Mishnah. and caused damage, what is the rule? Let us hear from the following: ⁹⁷Tosephta 2:9; partially in Babli 10b.“Five people sat on a couch; another came, saton it, and it broke. He pays for all of them. But if it broke because of all of them⁹⁸They invited the sixth; this caused the overload., they are all liable.”