Damage

the loss, injury, or deterioration caused by negligence, design, or accident of one person to another in respect of the latter's personal property, whereas damages signifies compensation in money for the loss or damage.

Defined by the Supreme Court in United States v. James, 478 U.S. 597 (1986).

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. See "Damages."

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.

Loss, injury or deterioration, caused by the negligence, design or accident of one person to another, in respect of the latter's person or property. The word is to be distinguished from its plural,—"damages,"—which means a compensation in money for a loss or damage. An injury produces a right in them who have suffered any damage by it to demand reparation of such damage from the authors of the injinry. By damage, we understand every loss or diminution of what is a man's own, occasioned by the fault of another. 1 Ruth. Inst. 399.

— Damage-cleer. A fee assessed of the tenth part in the common pleas, and the twentieth part in the queen's bench and exchequer, out of nil damages exceeding five marks recovered in those courts, in actions upon the case, covenant, trespass, etc., wherein the damages were uncertain ; which the plaintiff was obliged to pay to the prothonotary or the officer of the court wherein he recovered, bsfore he conid have execution for the damages. This was originally a gratuity given to the prothonotaries and their elerks for drawing special writs and pleadings ; but it was taken away by statute, since which, if any officer in these courts took any money in the name of damage-cleer, or anything in lieu thereof, he forfeited treble the value. Wharton.

— Damage feasant or faisant. Doing damage. A term applied to a person's cattle or beasts found upon another's land, doing damage JS7 treading down the grass, grain, etc. 3 Bl. Comm. 7, 211; Tomlins. This phrase seems to have been introduced in the reign of Edward III., in place of the older expression "en son damage," (in damno suo.) Crabb, Eng. Law, 292.

— Damaged goods. Goods, subject to duties, which have received some injury either in the voyage home or while bonded in warehouse.

Loss, injury, or deterioration, caused by the negligence, design, or accident of one person to another, in respect of the latter’s person or property. The word is to be distinguished from its plural,—“damages,” — which means a compensation in money for a loss or damage. An injury produces a right in them who hava damage, we understand every loss or diminution of what is a man’s own, occasioned by the fault of another. 1 Ruth. Inst. 399.

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.