[IAUOLENUS libro nono ex posterioribus Labeonis. ] §19.2.57.prQui domum habebat, aream iniunctam ei domui uicino proximo locauerat: is uicinus cum aedificaret in suo, terram in eam aream amplius quam fundamenta caementicia locatoris erant congessit, et ea terra adsiduis pluuiis inundata, ita parieti eius qui locauerat umore praestituto madefacto, aedificia corruerunt.
[JAVOLENUS, in the ninth book of his Epitomes of Labeo's Posthumous Works.] A person who owned a house had leased an open space adjacent to that house to his immediate neighbor. While this neighbor was building on his own land, he piled up earth in that open space higher than the concrete foundations of the lessor, and as this earth became saturated by continuous rains, the wall of the lessor was thus moistened by the moisture staying there, and the buildings collapsed.
Labeo ex locato tantummodo actionem esse ait, quia non ipsa congestio, sed umor ex ea congestione postea damno fuerit, damni autem iniuriae actio ob ea ipsa sit, per quae, non extrinsecus alia causa oblata, damno quis adfectus est: hoc probo.
Labeo says that there is only an action on the lease, because not the piling up of earth itself, but the moisture arising later from that piling up was the cause of the damage; and the action for wrongful damage is available for those things by which someone is affected with damage directly, without any other external cause being introduced. I approve of this.