Damnum

That which is taken away: loss; damage; legal hurt or harm. Plural, damna: legal losses. Damniflcatus, injured. Damnosa, hurtful.

Ad damnuni

To the loss; " to the damage of plaintiff (so many) dollars." The clause, at the end of a common-law declaration, in which the plaintiff sets out the money amount of the loss he has suffered inconsequence of the act he complains of; also, the amount itself so set out.' Ad quod damnum. To what damage. A writ, at common law, by which the sheriff was to inquire by a jury what damage it would be to the sovereign, or to a subject, to grant a fair, market, highway, or other like franchise.2 An inquisition ud quod damnum designates the remedy given by statute for the assessment of damages suffered from an exercise of the right of eminent domain, or in consequence of some public improvement.

Damniflcatus.

Injured, damaged, damnified.

Quantum damniflcatus

How much he is injured. The name of an issue by which damages, to be awarded in equity, may be ascertained by a jury. This was the course in former times, and may; still be the practice in cases of a complicated nature; but the same inquiry may now generally be made by a master.'

See Penalty.

Non damniflcatus

He is not injured. The plea in the case of an action on a covenant to indemnify and save harmless, — in the nature of a plea of performance. If there was any injury the plaintiff must reply to such plea. Not the plea when the condition is to " discharge and acquit." * Damnosa heereditas. A hurtful or burdensome inheritance; an expensive asset. By the Roman law the heir was liable to the full extent of his ancestor's liabilities. The term has been applied to property of a bankrupt which is a charge or an expense to the creditors. The assignee need not regard such property as an asset; he may, instead, leave the creditor !to prove his claim; or, possibly, he may assign the burden to R. Co., 83 Ky. 174, 180 (ISSi); Burns v. Grand Rapids, &c.

R. Co., Sup. Ct. Ind. (1888), cases: 37 Alb. Law J. 228. ' 2 Greenl. Ev. § 260; 108 U. S. 176; 9 Bened. 241 2 See 2 Bl. Com. 271.

8 2 Story, Eq. § 795. another, as.' a pauper; but not so in insolvency, in which case the process is voluntary, ^ Damnum absque injuria. A loss without injury: depri Tation without legal injury; a loss for which the law provides no remedy. Opposed, injuria absque damno: injury without legal damage. There are many cases of loss for which no relief or equivalent in money can be afforded. Examples: unintended hurt, while due care is being exercised; harm done from taking a medicine prescribed by a person known not to be a physician; patronage drawn off by competition in business^ ^ an improvement in a machine, which does not infringe the rights of a prior patentee; ^ waste by a tenant in fee, as affecting the interest of the heir; defamatory words proven to be true.* Every public improvement, while adding to the convenience of the people at large, affects more or less injuriously the interests of some individuals." When the exercise of a right, conferred by law for the benefit of the public, is attended with temporary inconvenience to private parties, in common with the public in general, they are not entitled to damages therefor." Damnum, fatale'. A fated loss; a loss ordained by fate — beyond the control of man. In the civil law, a loss for which a bailee was not. liable: as, a loss by shipwreck, lightning, or other like casualty; also, a loss from fire or from pirates.^ Included all accidents occasioned by an "act of God' or public enemy," and, perhaps, also, others which would not now be considered as due to "irresistible force."

8 See Accident, Inevitable; Act, 1, Of God. See De Melioribus, Damnis; Remittitur, Damnum. DANGrEE.

In the law of self-defense " apparent danger " means such overt, actual demonstration, by conduct and acts, of a design to take life or to do some great personal injury, as makes killing apparently necessary for self-preservation. ^

See Immediate.

KS Pars. Contr. 466, 492; American File Co. v. Garrett, no U. S. 295 (,18S4), cases. "3B1. Com. 2»1. 3 Burr V. Duryee, 1 Wall. 574 (1863). 4 3B1. Com. 319, 125. ' Miller v. Mayor of New York, 109 tJ. S. 395 (1883). See Broom, Max. 1; 1 Sm. L. C. 244; Sedg. Dam. 29, 111; 20 How. 148; 108 U. S. 331; 109 id. 329; 119 id. 284; 32 F. R. 568; 17 Conn. 302; 83 Ky. 218; 97 N. C. 483; 94 N. Y. 139; 86 Pa. 401; 98 id. 84; 113 id. 126;:6 Op. Att.- Gen. 480; 66 Ga. 69, 308; 71 id. 734; 34, La. An. 312, 496, 506, 857, 974, 996; 74 Me. 171; 133 Mass. 489; 11 Lea, 137; 59 Tex. 517; 25 Vt. 49. 'Hamilton v. Vicksburg, &9. E. Co., 110 U. S. 885 (1886). 'See Story, Bailm. 471; 8 Kent, 594.

Dangerous

Said of a weapon, means such as is likely to. cause death or to produce great bodily harm. See further Weapon. Dangers of navigation. The ordinary perils which attend navigation.', Includes dangers arising from shallow waters at the entrance of harbors; ' also, unavoidable dangers from a bridge across a river." Dangers of the river. The natural accidents incident to river navigation; not, such accidents as may be avoided by the exercise of that skill, judgment, or foresight which are demanded from persons in the particular occupation.3 Includes dangers from unknown reefs, suddenly formed in the channel, and not discoverable by the use of care.* Dangers of the sea or seas. Stress of weather, winds and waves, lightning, tempests, and other extraordinary occurrences, as understood in a marine policy; not, the ordinary perils which every vessel must encounter.6 Accidents, peculiar to navigation, of an extraordinai-y nature, or arising from an irresistible force or overwhelming power which cannot be guarded against by the ordinary exertions of human skill and prudence." All unavoidable accidents from which common carriers, by the general law, are not excused unless they arise from the act of God. 7 The phrases " dangers of the sea," " dangers of navigation," and "perils of the seas," employed in bills of lading, are convertible expressions. ^ See further Act, 1, Of God; Peril.