Talmud sur Bava Kamma 3:18

There⁷¹Mishnah Baba Qama 3:3., we have stated: “He who turns over cow dung in the public domain and a third party was hurt, is liable for damages.” It was also stated⁷²Tosephta Baba Qama 2:8: “He who turns over cow dung in the public domain in order to acquire it, and another person was hurt by it, he is liable, and it is forbidden because of robbery. Rabban Simeon ben Gamliel says, it is not robbery to impair the public domain.” The person who acquired the dung is liable but, since he acquired it, one is forbidden to take it from him, but he may take it from the owner of the cattle since it was in the public domain and an obstacle to travelers.: “It is forbidden because of robbery.” Cahana⁷³It is impossible to decide whether Cahana here is Rav Cahana I, a companion of Rav in Babylonia, or Rav Cahana II; see note in Berakhot p. 247. said, only if he turned it over in order to acquire it. But if he did not turn it over in order to acquire it, about that one does not speak. But as regards damages, there is no difference whether he turned it over in order to acquire it or he did not turn it over in order to acquire it; if a third party was hurt, he is liable for damages⁷⁴This contradicts statements of Ḥizqiah in Yerushalmi Baba Qama 3:3, fol. 3c, and of R. Eleazar in Babli Baba Qama 29b.. And here, you say so? Rebbi Abun said, there it is written (Ex. 21:34): “The one responsible for the pit⁷⁵An unauthorized open pit in the public domain. shall pay,” the one responsible for the damage shall pay. But here (Deut. 14:22): “You shall give tithes,” you give tithes from your property but not from other people’s property.