Javolenus, On the Last Works of Labeo, Book IX. A man who owned a house leased an empty space adjoining the same to his next neighbor. The said neighbor, while building upon his own ground, threw the dirt for the excavation upon the said vacant space, and heaped it up higher than the stone foundation of the lessor; and the earth, having become wet by constant rains, weakened the wall of the lessor with moisture to such an extent that the building collapsed. Labeo says that only an action on lease will lie, because it was not the heaping up of the earth itself, but the moisture arising therefrom that subsequently caused the injury, but that an action on the ground of unlawful damage will only lie where the damage has not been produced by some outside cause. I approve this opinion.

Javolenus, On the Last Works of Labeo, Book IX. A fuller was released from liability to the owner in an action on hiring. Labeo denies that an action for theft will lie. Again, if he should bring an action for theft before the action for hiring was brought against him, and before judgment had been rendered with reference to the thief he should be released by the action on hiring, and the thief ought also to be discharged so far as he is concerned. If nothing of this kind previously occurred, judgment should be rendered against the thief in favor of the fuller, and this is the case because he has a right to the action for theft only to the extent of his interest. 1No one can give aid and advice to another who himself has no intention of committing a theft.

Javolenus, On the Last Works of Labeo, Book IX. If the owner of a lower house causes smoke to affect the building of his neighbor above him, or if a neighbor occupying a higher house throws or pours anything upon that of another, which is situated below, Labeo says that an action for injury cannot be brought. I think that this is not true provided it was thrown down upon the neighbor’s premises for the purpose of injuring him.

Javolenus, On the Last Works of Labeo, Book IX. Robbers stole your slave from you, and afterwards the said slave fell into the hands of the Germans, and then, the Germans having been defeated in battle, the slave was sold. Labeo, Ofilius, and Trebatius deny that the slave can be acquired through usucaption by the purchaser, because it was true that he had been stolen, and although he belonged to the enemy, and returned with the right of postliminium, this would be an obstacle.