Damnatus

In Old English Law. Con demned; prohibited by law; unlawful Damnatus coitus, an unlawful connection Black, L. Diet. DAMNI INJURI/E ACTIO (Lat). In Civil Law. An action for the damage done by one who intentionally injured the beast of another. Calvinus, Lex. DAMN0SA H/EREDITAS. A name given by Lord Kenyon to that species of property of a bankrupt which, so far from being valuexample, a term of years where the rent would exceed the revenue. The assignees are not bound to take such property; but they must make their election, and having once entered into possession they cannot afterwards abandon the property; 7 East 342; 3 Campb. 340. DAMNUM (Lat). That which is taken away; loss; damage; legal hurt or harm. Anderson, L. Diet. DAMNUM ABSQUE INJURIA (Lat. injury without wrong). A wrong done to a man for which the law provides no remedy. Broom. Max. 1. See Damages. Injuria is here to be taken in the sense of legal injury; and where no malice exists, there are many cases of wrong or suffering inflicted upon a man for which the law gives no remedy; 2 Ld. Raym. 595; 11 M. & W. 755; Lamb v. Stone, 11 Pick. (Mass.) 527. Thus, if the owner of property, in the prudent exercise of his own right of dominion, does acts which cause loss to another, it is damnum absque injuria; Gardner v. Heartt, 2 Barb. (N. Y.) 168; Howland v. Vincent, 10 Mete. (Mass.) 371, 43 Am. Dec. 442; Trout v. Mc Donald, 83 Pa. 144; see Pennsylvania Coal Co. v. Sanderson, 113 Pa. 126, 6 Atl. 453, 57 Am. Rep. 445; 10 M. & W. 109. A railroad company which exercises due care in blasting on its own land, in order to lay its tracks, is not liable for injury to adjoining property arising merely from the incidental jarring; Booth v. R. Co., 140 N. Y. 267, 35 N. E. 592, 24 L. R. A. 105, 37 Am. St. Rep. 552. See Blasting. The location and operation of a railroad in a street, the bed of which does not belong to an abutting property owner, is, as to him, damnum absque injuria; otherwise if he own the bed of the street; Grand Rapids & I. R. Co. v. Heisel, 38 Mich. 62, 31 Am. Rep. 306. The ringing of bells, sounding of whistles and other noises, and the emission of smoke by railroads, are damnum absque injuria; Aldrich v. R. Co., 195 111. 456, 63 N. E. 155, 57 L. R. A. 237. So, too, acts of public agents within the scope of their authority, if they cause damage, cause simply damnum absque injuria (q. v.); Sedgw. Dam. 29, 111; Callender v. Marsh, 1 Pick. (Mass.) 418; Bridge over River Lehigh v. Nav. Co., 4 Rawle (Pa.) 9, 26 Am. Dec. Ill; Graves v. Otis, 2 Hill (N Y.) 466; Hollister v. Union Co., 9 Conn. 436, 25 Am. Dec. 36; Hatch v. R. Co., 25 Vt. 49; Miller v. New York, 109 U. S. 395, 3 Sup. Ct. 228, 27 L. Ed. 971; Hamilton v. R. Co., 119 U. S. 284, 7 Sup. Ct. 206 30 L. Ed. 393; Hart v. Aqueduct Corp., 133 Mass. 489; 2 B. & Aid, 646. See Ashby v. White, 1 Smith, Lead. Cas. 244; and Weeks, Doc. of Dam. Abs. Inj. The state, in locating its public levees, acts in the exercise of its police powers, and private injury resulting therefrom is damnum absque injuria; Egan v. Hart, 45 La. Ann. 1358, 14 South. 244. See Mental Suffering.

In old English law. Condemned; prohibited by law; unlawful. Damnatus evitus, an unlawful connection.

/. Condemned Damnosa hsereditas, /.

Lat. [from damnare, to condemn.] In old English law. Condemned; prohibited by law, unlawful. Damnatus coitus; an unlawful connexion. Bract, fol. 5. 4>wl ex daniial* c«it« ««•cmtar later llber««««ae*BipBC«iilar« They who are born of an unlawful connection are not reckoned among children. Id. ibid. Co. Litt 8. 2 BL Com. 247.