Res Suspensae Vel Positae

An action could be instituted against the occupier of a building when an object was suspended or placed in such a way as to pose a danger to passers-by (e.g.

a plant-pot placed on a window-sill). In this case, it also made no difference whether the object was placed in the dangerous position by the occupier or some other person, nor did it matter whether intent or negligence or neither was present. The relevant action was an actio popularis, i.e. it could be brought by any member of the community in the interest of public order, and was for a fixed penalty of ten solidi. If the object actually fell, it was held to have been thrown down and so the res deiectae action mentioned above applied.^[991]

4.11.4     

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