Related for Bava Kamma 115:8
ירדה כדרכה והזיקה משלמת מה שהזיקה: בעי רבי ירמיה ירדה כדרכה והזיקה במי לידה מהו
But the one who explains the ruling to apply where it slipped in its own water [might maintain that] where another animal pushed it down there was negligence, and the payment should be for the amount of damage done by it, as the plaintiff would be entitled to say, 'You should have made them go past one by one.'
Tosefta Maaser Sheni
Similarly, one who comes along the road with coins in his hand, and he sees a robber coming toward him: He should not say, "Behold, these are hereby deconsecrated on account for the coins that I have inside my house." [However,] if he did so, his words stand. [If] he was laden with jugs of wine or jugs of oil and saw that they were breaking, he should not say, "Behold, these are hereby designated as terumah and tithes on behalf of the produce that I have inside my house." If he he did so, behold, that is forbidden.
Ask RabbiBookmarkShareCopy
Tosefta Maaser Sheni (Lieberman)
1:8 A person carrying broken jugs of wine or oil should not attempt to tithe for produce at his house. If performed, the untithed produce remains forbidden to eat.
Ask RabbiBookmarkShareCopy