damages

money awarded as reparation for injury resulting from breach of legal duty.

The indemnity recoverable by a person who has sustained an injury, either in his person, property, or relative rights, through the act or default of another. The sum claimed as such indemnity by a plaintiff in his declaration. The injury or loss for which compensation is sought. The sums allowed by law for tortious injury or losses from breach of contract. 1 Suth. Dam. 3. In Modern Law. The term Is not used in a legal sense to include the costs of suit, though it was formerly so used. Co. Litt. 267a; Doug. 751. Damages are either direct or consequential. (1) Direct are those which result immediately from the act complained of. (2) Consequential are more remote consequences of such act. See "Consequential Damages." Compensatory or exemplary; the latter being also called "punitive" or "vindictive." (3) Compensatory damages are those allowed as recompense for the injury suffered. (4) Exemplary damages are those allowed as a punishment for torts committed with fraud or actual malice. See "Exemplary Damages." General or special. (5) General damages are those necessarily and by implication of law resulting from the act or default complained of. (6) Special damages are those arising directly, but not necessarily or by implication of law. Liquidated or unliquidated. (7) Liquidated damages are those whose amount has been determined by_ anticipatory agreement between the parties. (8) Unliquidated damages are those not so fixed, but determined after they have resulted. Substantial or nominal. (9) Substantial damages are those allowed as actual compensation. (10) Nominal damages are a trifling sum allowed where an infraction of a right is shown, but no resultant damage is proved. See "Nominal Damages."

The indemnity recoverable by a person who has sustained an injury, either in his person, property, or relative rights, through the act or default of another. The injury or loss for which compensation is sought. Compensatory damages. Those allowed as a recompense for the injury actually received. They cannot include an allowance for inconvenience as well as injuries; Jenson v. R. Co., 86 Wis. 589, 57 N. W. 359, 22

A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment or injury, whether to his person, property or rights, through the unlawful act or omission or negligence of another. Scott v. Donald, 165 U. S. 58, 17 Sup. Ct. 265, 41 In Ed. 632; Crane v. Peer, 48 N. J. Eq. 553, 4 Atl. 72; Cincinnati v. Hafer, 49 Ohio St. 60, 30 N. E. 107; Wainscott v. Loan Ass'n. 98 Cal. 253, 33 Pac. 88; Carvlll v. Jacks, 43 Ark. 449; Co.llins v. Railroad Co., 9 Heisk. (Tenn.) 850; New York v. Lord, 17 Wend. (N. Y.) 293; O'Connor v. Dlls, 43 W. Va. 54, 26 S. E. 354. 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. Comm. 438; Co.. Litt. 257a; 2 Tidd, Pr. 869, 870. Every person who suffers detriment from the uniawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called "damages." Civ. Code Cal. § 3281; Civ. Code Dak. § 1940. In the ancient usage, the word "damages" was employed in two significations. According to Coke, its proper and general sense included the costs of suit, while its strict or relative sense was exclusive of costs. 10 Coke, ll6, ll7; Co. Litt. 257a; 9 East, 299. The latter meaning has alone survived. Classification. Damages are either general or special. General damages are such as the law itself implies or presumes to have accrued from the wrong complained of, for the reason that they are its immediate, direct, and proximate result, or such as necessarily result from the injury, or such as did in fact result from the wrong, directly and proximately, and without reference to the special character, condition, or circumstances of the plaintiff. Mood v. Telegraph Co., 40 S. C. 524, 19 S. EL 67; Manufacturing Co. v. Gridley, 28 Co.nn. 2l2; Irrigation Co. v. Canal Co.., 23 Utah, 199, 63 Pac. 812; Smith v. Railway Co., 30 Minn. 169, 14 N W. 797; Loftus v. Bennett, 68 App. Div. 128. 74 N. Y. Supp. 290. Special damages are those which are the actual, but not the necessary, result of the injury complained of, and which in fact follow it as a natural and proximate consequence in the particular case, that is, by reason of special circumstances or conditions. Hence general damages are such as might accrue to any person similarly injured, while special damages are such as did in fact accrue to the particular individual by reason of the particular circumstances of the case. Wallace v. Ah Sam, 71 Cal. 107, 12 Pac. 46. 60 Am. Rep. 534; Manufacturing Co. v. Gridley, 28 Conn. 212; Lawrence v. Porter, 63 Fed. 62, 11 C. C. A. 27, 26 L. R. A. 167; Roberts v. Graham, 6 Wall. 579, 18 L. Ed. 791; Fry v. McCord, 95 Tenn. 678, 33 S. W. 568. Direct and consequential. Direct damages are such as follow immediately upon the act done ; while consequential damages are the necessary and connected effect of the wrongful act, flowing from some of its consequences or results, though to some extent depending on other circumstances. Civ. Code Ga. 1895, § 3911; Pearson v. Spartanburg County, 51 S. C. 480, 29 S. E. 193; Eaton v. Railroad Co., 51 N. H. 504, 12 Am. Ren. 147. Liquidated and unliquidated. The former term is applicable when the amount of the damages has been ascertained by the judgment in the action, or when a specific sum of money has been expressly stipulated by the parties to a band or other contract as the amount of damages to be recovered by either party for a breach of the agreement by the other. Watts v. Sheppard, 2 Ala. 445; Smith v. Smith, 4 Wend. (N. Y) 470; Keeble v. Keeble, 85 Ala. 552, 5 South, i49 ; Eakin v. Scott, 70 Tex. 442, 7 S. W. 777. Unliquidated damages are such as are not yet reduced to a certainty in respect of amount, nothing more being established than the plaintiff's right to recover; or such as cannot be fixed by a mere mathematical calculation from ascertained data in the case. Cox v. McLaughlin. 76 Cal. 60, 18 Pac. 100, 9 Am. St. Rep. l64. Nominal and substantial. Nominal damages are a trifling sum awarded to a plaintiff in an action, where there is no substantial loss or injury to be compensated, but still the law recognizes a technical invasion of his rights or a breach of the defendant's duty, or in cases where, although there has been a reni injury, the plaintiff's evidence entirely fails to show its amount. Maher v. Wilson, 139 Cal. 514, 73 Pac. 418; Stanton v. Railroad Co... 59 Conn. 272, 22 Atl. 300, 21 Am. St. Ren. llo; Springer v. Fuel Co., 196 Pa. 156, 46 Atl. 370; Telegraph Co., v. Lawson, 66 Kan. 6GO, 72 Pac. 283; Railroad Co. v. Watson, 37 Kan. 773, 15 Pac. 877. Substantial damages are considerable in amount, and intended as a real compensation for a real injury. Compensatory and exemplary. Compensatory damages are such as will compensate the injured party for the injury sustained, and nothing more ; such as will simply make good or replace the loss caused by the wrong or injury. McKnight v. Denny, 198 Pa. 323, 47 Atl. 070; Reid v. Terwilliger, 116 N. Y. 530, 22 N. E. 1091; Monongahela Nav. Co., v. U. S., 148 U. S. 312, 13 Sup. Ct. 622, 37 L. Ed. 463; Wade v. Power Co., ol S. C. 296, 29 S. B. 233, 64 Am. St. Rep. 676; Gatzow v. Buening, 106 Wis. 1, 81 N. W. 1003, 49 In R. A. 475, 80 Am. St. Rep. 1. Exemplary damages are damages on an increased scale, awarded to the plaintiff over and above what will barely compensate him for his property loss, where the wrong done to him was aggravated by circumstances of violence, oppression, malice, fraud, or wanton and wicked conduct on the part of the defendant, and are intended to solace the plaintiff for mental anguish, laceration of his feelings, shame, degradation, or other aggravations of the original wrong, or else to punish the defendant for his evil behavior or to make an example of him, for which reason they are also called "punitive" or "punitory" damages or "vindictive" damages, and (vulgarly) "smart-money." Reid v. Terwilliger, 116 N. Y. 530, 22 N. E. 1091; Springer v. Fuel Co., 196 Pa. St. 156, 46 Atl. 370; Scott v. Donald, 165 U. S. 58, 17 Sun. Ct. 265, 4i L. Ed. 632; Gillingham v. Railroad Co.., 35 W. Va. 588, 14 S. E 248, 14 L. R. A. 798, 29 Am. St. Rep. 827; Boydan v. Habers-tumpf, 129 Mich. 137, 88 N. W. 386; Oliver v. Railroad Co., 65 S. C. 1, 43 S. E. 307; Murphy v. Hobbs, 7 Co.lo. 541, 5 Pac. 119, 49 Am. Rep. 366. Proximate and remote. Proximate damages are the immediate and direct damages and natural resnits of the act complained of, and such as are usual and might have been expected. Remote damages are those attributable immediately to an intervening cause, though it forms a link in an unbroken chain of causation, so that the remote damage would not have occurred if its elements had not been set in motion by the original act or event. Henry v. Railroad Co.., 50 Cal. 183 ; Kuhn v. Jewett, 32 N. J. Eb. 649; Pielke v. Railroad Co.., 5 Dak. 444, 41 N. W. 669. The terms "remote damages" and "consequential damages" are not synonymous nor to be used interchangeably; all remote damage is consequential, but it is by no means true that ali consequential damage is remote. Eaton v. Railroad Co., 51 N. H. 511, 12 Am. Rep. 147. Other compound and descriptive terms.

— Actnal damages. real, substantial and just damages, or the amount awarded to a complainant in compensation for hls actual and real loss or injury, as opposed on the one hand to "nominal" damages, and on the other to "exemplary" or "punitive" damages. Ross v. Leggett, 61 Mich. 445, 28 N. W. 695, 1 Am. St Rep. 608; Lord v. Wood, 120 Iowa, 303, 94 N. W. 842; Western Union Tel. Co. v. Lawson, 66 Kan. 660, 72 Pac. 283; Field v. Munster, 11 Tex. Civ. App. 341, 32 S. W. 417; Oliver v. Columbia, etc., R. Co.., 65 S. C. 1, 48 S. EL 307; Gatzow v. Buening, 106 Wis. 1, 81 N. W. 1003, 49 In R. A. 475, 80 Am. St. Rep 1; Osborn v. Leach, 135 N. C. 628 47 S. E. 811, 66 L. R. A. 648; Gen. St. Minn. 1894, § 5418.

— Affirmative damages. In admiralty law, affirmative damages are damages which a respondent in a libel for injuries to a vessel may recover, which may be in excess of any amount which the libellant would be entitled to claim. Ebert v. The Reuben Doud (D. Ct) 3 Fed. 520

— Civil damages. Those awarded against a liquor-seller to the relative, guardian, or employer of the person to whom the sales were made, on a showing that the plaintiff has been thereby injured in person, property, or means of support. Headington v. Smith, 113 Iowa, 107, 84 N. W. 982.

— Contingent damages. Where a demurrer has been filed to one or more counts in a declaration, and its consideration is postponed, and meanwhile other counts in the same declaration, not demurred to, are taken as issues, and tried, and damages awarded upon them, such damages are calied "contingent damages."

— Continuing damages. such as accrue from the same injury, or from the repetition of similar acts, between two specified periods of time.

— Double damages. Twice the amount of actual damages as found by the verdict of a jury allowed by stafute in some cases of injuries by negli§ence, fraud, or trespass. Cross v. United tates. 6 Fed. Cas. 892; Daniel v. Vaccaro, 41 Ark. 329.

— Excessive damages. Damages awarded by a j'liry which are grossly in excess of the amount warranted by law on the facts and circumstances of the case; unreasonable or outrageous damages. A verdict giving excessive damages is ground for a new trial. Taylor v. Giger, Hardin (Ky.) 587; Harvesting Mach. 'Co. v. Gray, 114 Ind. 340, 16 N. E. 787.

— Fee damages. Damages sustained by and awarded to an abutting owner of real property occasioned by the construction and operation of an elevated railroad in a city street, are so called, because compensation is made to the owner for the injury to, or deprivation of, his easements of light, nir, and access, and these are parts of the fee. Dode v. Railway Co... 70 Hun. 374, 24 N. Y. Supp. 422 ; People v. Barker, 165 N. Y. 305, 59 N. El 151.

— Inadequate damages. Damages are called "inadequate," within the rule that an injunction will not be granted where adequate damages at law could be recovered for the injury sought to be prevented, when such a recovery at law would not compensate the parties and place them in the position in which they formerly stood. Insurance Co. v. Bonner, 7 Co.lo. App. 97, 42 Pac. 681.

— Imaginary damages. This term is sometimes used as equivalent to "exemplary," "vindictive," or "punitive" damages. Murphy v. Hobbs, 7 Colo. 541, 5 Pac. 119, 49 Am. Ren. 366.

— Intervening damages. Such damages to an appellee as result from the delay caused by the appeal. McGregor v. Balch, 17 Vt. 568; Peasely v. Buckminster, 1 Tyler (Vt.) 207; Roberts v. Warner, 17 Vt. 46, 42 Am. Dec. 478.

— Land damages. A term sometimes applied to the amount of compensation to he Pnih fur land taken under the power of eminent domain or for injury to, or depreciation of, land adjoining that taken. People v. Hilts, 27 Misc. Rep. 290, 58 N. Y. Supp. 434; In re Lent, 47 App. Div. 349, 62 N. Y. Supp. 227.

— Necessary damages. A term said to be of much wider scope in the law of damages than "pecuniary." It embraces nil those consequences of an injury usually denominated "general" damages, as distinguished from special damages; whereas the phrase "pecuniary damages" covers a smaller class of damages within the larger class of "general" damages. Browning v. Wabash Western R. Co.. (Mo.) 24 S. W. 746.

— Pecuniary damages. Such as can be estimated in and compensated by money; not merely the loss of money or salable property or rights, but ali such loss, deprivation, or injury as can be made the subject of calculation and of recompense in money. Walker v. McNeill, 17 Wash 582, 50 Pac. 518; Searle v. Railroad Co.., 32 W. Va. 370, 9 S. E. 248; McIntyre v. Railroad Co.., 37 N. Y. 295; Davidson Benedict Co., v. Severson, 109 Tenn. 572, 72 S. W. 967.

— Presumptive damages. A term occasionally used as the equivalent of "exemplary" or "punitive" damages. Murphy v. Hobbs, 7 Co.lo. 541, 5 Pac. 119, 49 Am. Rep. 366.

— Prospective damages. Damages which are expected to follow from the act or state of facte made the basis of a plaintiff's suit; damages which have not yet accrued, at the time of the trini, but which, in the nature of things, must necessarily, or most probably, result from the acts or facts complained of.

— Speculative damages. Prospective or anticipated damages from the same acts or facts constituting the present cause of action, but which depend upon fufure developments which are contingent, conjectural, or improbable.

— Damages nltra. Additional damages claimed by a plaintiff not satisfied with those paid into court by the defendant.

A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another, A sum of money assessed by a jury, on finding for the plaintiff or suceessful party in an action, a8 a compensation for the injury done him by the opposite party. 2 Bl. Comm. 438; Co. Litt, 2572, 2 Tidd, Pr. 869, 870. Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called “damages.” Civil Code Cal. § 3281; Civil Code Dak. § 1940. In the ancient usage, the word “damages” was employed in two siguifications. According to Coke, its proper and general sense included the costs of suit, while its strict or relative sense was exclusive of costs. 10 Cole, 116, 117; Co. Litt. Damages are either general or special. Damages for losses which necessarily result from the wrong sued for are called “general” damages, and may be shown under the ad damnum, or general allegation of damage; for the defendant does not need notice of such consequences to enable him to make his defense; he knows that they must exist, and will be in evidence. But if certain losses do not necessarily result from defendant's wrongful act, but, in fact, follow it as a natural and proximate consequence in the particular case, they are called “special,” and must be specially alleged, that the defendant may have notice and be prepared tu go into the inquiry. 28 Conn. 201, 212. “General” damages are such as the law pre sumes to flow from any tortious act, and may be recovered without proof of any amount. “Special” damages are such as actually flowed from the act, and must be proved in order to be recovered. Code Ga. 1882, § 2070, Damages may also be classed as direct and consequential. “ Di-ect” damages are such as follow immediately upon the act done. “Consequential” damages are such as are the necessary and connected effect of the tortious act, though to some extent depending upon other circumstances. Code Ga. 1882, § 3071. Another division of damages is into ligzuidated and unliquidated; the former term being applicable when the amount thereof has been ascertained by the judgment in the action or by the specific agreement of the parties; while the latter denotes such damages as are not yet reduced to a certainty in respect of amount, nothing more being established than the plaintiff’s right to recover. Damages are also either nominad or substantial; theformer being triding in amount, and not awarded as coupensation for any injury, but merely in recognition of plaintiff's right and its technical infraction by defendant; while the latter are considerable in amount, and intended as real compensation for a real injury Damages are either compensatory or vindictive; the former when nothing more is allowed than a just and exact equivalent for plaintiif’s loss or injury; the latter when a greater Sum is given than amounts to mare compensation, in order to punish the defendant for violence, outrage, or other circumstances of aggravation attending the transac tion. Vindichive damages are also called “exemplary” or “punitive.”

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.

practice. The i demnity given by law, to be recovered from the wrong doer by a person who has sustained an injury, either in his person, property or relative rights, in consequence of the acts of another. Damages are given either for breaches of contracts or for tortious acts. Damages for breach 0 contract may be given, for example, for the non-performance of a written or verbal agreement; or of a cove: nant to do or not to do a particular thing. As to the measure of damages the general rule is,'that the delinquent shail answer for all the injury which results from the immediate and direct breach of his agre¢ment, but not for any remote conse quences. In cases of eviction, 0”? covenant of seisin and warranty, te cons! costs. But in Massachusetts, on the covenant of warranty the measure of damages is the value of the land at the time of eviction. 4 Kent’s Com. 462, 3, and the cases there cited. Damages for. tortious acts are given for acts against the person, _ as’an assault and battery; against the reputation, as libels and slander; against the property, as, trespass, when force is used, or for the consequential acts of the tort-feasor; as, when in consequence of a man building a dam on his own premises, he overflows his neighbour’s land; against the relative rights of the party injured, as, criminal conversation with his wife. No settled rule or line of distinction can be marked out when a possibility of damages shall be accounted too remote to entitle: a party to claim a recompense: each case must be ruled by its own circumstances. Ham. N. P. 40; vide 7 Vin. Ab. 247; Yelv. 45,a; Ib. 176, a; 2 Bac. Ab. 263; 1 Lilly’s Reg. 525; Domat, liv. 3, t. 5, s. 2, n. 4; Toull. liv. 3,n. 286; 2 Saund. 107, note; 1 Rawle’s Rep.. 27; Coop. Just. 606; Com. Dig. h.-t. DAMAGES ON BILLS OF