Damage

Detriment; deprivation; injury; loss. Etymologically, a thing taken away; the lost thing, which a party is entitled to have restored, that he may be made whole again. See Damnum; Loss. Loss caused by malice or negligence in another person, or from inevitable accident. Interchanged with "injury," q. v. Referring to a collision between vessels, the injury directly and necessarily resulting from the collision. When a bill of lading recites that the goods are received in good order and that the carrier will "not be accountable for weight, contents, packing, and damage," "damage" refers to injuries to the goods at the time of receipt.

Damage-feasant.

Doing damage

Said of animals trespassing upon land. To insure identification, the injured person may distrain them. A person is not justified in killing animals or fowls found trespassing upon his land. He should impound them, or sue for the damage they do. They are valuable property, the destruction of which is not necessary to the protection of his rights. A notice of an intention to kill the animals or fowls, if not shut up, is a threat to do an illegal act.