Ulpianus, Disputations, Book IX. Where anyone drives away bees belonging to another or even kills them by means of making smoke, he is held rather to have furnished the cause of their death than to have actually killed them, and therefore he will be liable to an action in factum. 1Where it is stated that wrongful damage can be prosecuted under the Lex Aquilia, this must be understood to mean that wrongful damage was committed when wrong was done together with damage, unless the act was committed under the compulsion of overpowering force; as Celsus states with reference to a party who destroyed an adjoining house for the purpose of controlling a fire; for in this instance he says that no action will lie under the Lex Aquilia, because the man destroyed the adjoining house being impelled by a just apprehension that the fire might reach his premises, and whether the fire did so or whether it was previously extinguished, he thinks that an action under the Lex Aquilia cannot be brought.