Aquilian law. Masters became personally liable for certain wrongs
committed by their slaves with their knowledge, where previously
they were only bound to surrender the slave. /2/ If a pack-mule
threw off his burden upon a passer-by because he had been
improperly overloaded, or a dog which might have been restrained
escaped from his master and bit any one, the old noxal action, as
it was called, gave way to an action under the new law to enforce
a general personal liability. /3/ Still later, ship-owners and
innkeepers were made liable [16] as if they were wrong-doers for
wrongs committed by those in their employ on board ship or in the
tavern, although of course committed without their knowledge. The
true reason for this exceptional responsibility was the
exceptional confidence which was necessarily reposed in carriers
and innkeepers. /1/ But some of the jurists, who regarded the
surrender of children and slaves as a privilege intended to limit
liability, explained this new liability on the ground that the
innkeeper or ship-owner was to a certain degree guilty of
negligence in having employed the services of bad men? This was
the first instance of a master being made unconditionally liable
for the wrongs of his servant. The reason given for it was of
general application, and the principle expanded to the scope of
the reason.

The law as to ship-owners and innkeepers introduced another and
more startling innovation. It made them responsible when those
whom they employed were free, as well as when they were slaves.
/3/ For the first time one man was made answerable for the wrongs
of another who was also answerable himself, and who had a
standing before the law. This was a great change from the bare
permission to ransom one's slave as a privilege. But here we have