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Damages

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Fr. and Eng. [L. Lat. damna, q. v.] In general practice. A pecuniary compensation or satisfaction for an injury, given usually at law, but sometimes in equity. In pleading. A sum of money claimed by the plaintiff in a personal or mixed action, as a compensation for the injury complained of.* 1 Chitt. PL 895.

1 Tidd's Pr, 440.

See To lay damages. The word, as actually used in declarations, is always in the singular, (damage, damnum^ the clause in which the sum is claimed beginning, — "To the damage," &c. 1 Tidd's Pr. 446.

See Ad damnum.

In practice

A sum of money assessed by a jury on finding for the plaintiff or successful party in an action, as a compensation for the injury done him by the opposite party.* 2 BL Com 438.

Co. Lilt 267 a. 2 Tidd's Pr. 869, 870.

See General damages, Special damages, Double damages.

Treble damages

Liquidated damages, Measure of damages. The word damages was formerly used and understood in two senses; one, called b^ Lord Coke the proper and general signification, which included costs of suit; the other, called the strict or relative sense, which was exclusive of costs.

10 Co, 116, 117.

LUt sect.

481.

Co. LiH.

257 a.

The latter is the modem meaning.