Dig. 9.2.31

If a person who was pruning tress threw down a branch and killed a passing slave, the pruner if clearly liable if the branch fell on public land and if he did not call out so that an accident might have been avoided.  But Mucius also said that if this occurred on private land, there could be an action for culpa.  A person is culpable when a careful person (diligens) could have foreseen a danger.  A person is also culpable if he had called out only when the danger could not be avoided.  According to this reasoning, there is not much difference between a path over public and private land, since paths often go through private land.  If there was no path, he is only liable for dolus.