[IAUOLENUS libro quarto decimo ex Cassio. ] §9.2.37.prLiber homo si iussu alterius manu iniuriam dedit, actio legis Aquiliae cum eo est qui iussit, si modo ius imperandi habuit: quod si non habuit, cum eo agendum est qui fecit.
[IAVOLENUS, in the fourteenth book of his commentary on Cassius.] If a free man has caused damage with his own hand by the order of another, an action under the Lex Aquilia lies against the one who ordered it, provided only that he had the right to command; but if he did not have it, the action must be brought against the one who did the deed.
§9.2.37.1Si quadrupes, cuius nomine actio esset cum domino, quod pauperiem fecisset, ab alio occisa est et cum eo lege Aquilia agitur, aestimatio non ad corpus quadrupedis, sed ad causam eius (in quo de pauperie actio est) referri debet et tanti damnandus est is qui occidit iudicio legis Aquiliae, quanti actoris interest noxae potius deditione defungi quam litis aestimatione.
If a four-footed beast, on whose account an action would lie against its owner for having caused damage, is killed by another, and an action is brought against him under the Lex Aquilia, the valuation ought to be referred not to the body of the beast, but to its legal condition (under which there is an action for damage caused by an animal); and the person who killed it must be condemned in the action under the Lex Aquilia to pay as much as it is in the interest of the plaintiff to discharge his liability by surrender of the offending animal rather than by paying the valuation of the lawsuit.