Definition of Damage

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.