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The Digest of Justinian

§8.2.18.pr

Remedies for Damage Caused by Attached Water Pipes

Pomponius explains that if water pipes attached to a house cause damage, the owner of the house has an action on the case (actio in factum) and can also demand a stipulation against threatened damage (damnum infectum).

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[POMPONIUS libro decimo ad Sabinum.]

[POMPONIUS in the tenth book on Sabinus.]

§8.2.18.pr

​Si fistulae, per quas aquam ducas, aedibus meis applicatae1 damnum mihi dent, in factum actio mihi competit: sed et damni infecti2 stipulari a te potero.

​If the pipes through which you conduct water, being attached to my house, should cause me damage, an action on the case is available to me; but I shall also be able to demand from you a stipulation against threatened damage.

Syntax notes2 items
  1. 8.2.18.prapplicatae

    A perfect passive participle agreeing with the feminine plural subject fistulae. It functions not only as a simple attributive modifier ('pipes attached'), but also carries a circumstantial nuance, implying 'by being attached' or 'when attached' in this context.

  2. 8.2.18.prdamni infecti

    Genitive ('of threatened damage'). It functions as the object of the deponent infinitive stipulari ('to demand a stipulation'). This is an idiomatic legal expression derived from the noun phrase stipulatio damni infecti (stipulation against threatened damage), where the verb, which normally governs an accusative, is used with a genitive in the context of this specific type of stipulation.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.18.pr