The
laws of damages only apply to privately held properties. Thus, if the
identity of the damaging ox is unclear, and the owners of the two
suspect oxen each blame the other, one saying, "It was your ox that
damaged," while the other one saying, "No, it was your ox that damaged"
- the damaged party cannot collect from either owner.
One is
liable for damage done in any place except for a premises that is
reserved exclusively for the damage. For if the damage occurs on his
premises, the damager can say to him, "What was your ox doing on my
premises?"