Damage

The loss caused by one person to another, or to his property, either with the design of injuring him, or with negligence and carelessness, or by inevitable accident. In England, in the common law courts, it was held that neither in common parlance nor in legal phraseology is the word "damage"' used as applicable to injuries done to property: 40 L. J. Q. B. 218; 41 L. J. C. P. 128. The admiralty courts on the other hand contended that the word did include claims for personal injury and even for loss of life; 37 L. J. Adm. 14; 38 id.

12, 50; 46 L. J. P. D. & A. 71; 2 P. D. 8.

But the House of Lords construing section 7 of the Admiralty Court Act, 24 Vict, c 10, providing that "the High Court of Admiralty shall have jurisdiction over any claim Cor damages done by any ship" established the former doctrine, and held that a claim for loss of life under Lord Campbell's Act Is not a claim for damage within the provisions of the Admiralty Court Act; 54 L. J. P. D. & A. 9; 10 App. Cas. 59. But the word may be controlled by the context and can mean personal injury; 52 L. J. Q. B. 395: and there seems in this country Damage to the is used In the Massachusetts statute relating to survival of actions, does not extend to torts not directly affecting the person, but includes every action the substantial c "lily injury, as the negligent sale of deadly \ for a harmless drug as ti. hich a man dies; Norton V. Sewall, 106 ! 8 Am. Rep. 298. He who has caused the damage is bound to repair it; and if he has done it maliciously he may be compelled to pay tx the actual loss; Fay v. Parker..">.".

N. H. 342, L6 Am. Rep. 270.

When dam:. by accident without blame to any one, the loss Is borne by the owner of the thing injured: as, if a horse run away with his rider, without any fault of the latter, and injure the property of another person, the injury is the loss of the owner of the thing. When the damage happens by the act of God, or inevitable accident, as by tempest, earthquake, or other natural cause, the loss must be borne by the owner.

See Comyns, Dig.; Sedgwick; Mayne; Sutherland; Joyce; Hale: Field, Damages; 1 Rutherf. Inst 399; Compensation; Damages; Measure of Damages.