Damnum

Lat In the civil law. Damage; the loss or diminution of what is a man's own, either by fraud, carelessness, or accident.

In pleading and old English law. Damage ; loss.

— Damnum fatale. Fatal damage; damage from fate ; loss happening from a cause beyond human control, (quod ex fato contingit,) or an act of God, and for which bailees are not liable; such as shipwreck, lightning, and the like. Dig. 4, 9, 3, 1; Story, Bailm. § 465. The civilians included in the phrase "damnum fatale" ali those accidents which are summed up in the common-law expression. "Act of God or public enemies;" though, perhaps, it embraced some which would not now be admitted as occurring from an irresistible force. Thickstun v. Howard, 8 Blackf. (Ind.) 535.

— Damnum infectum. In Roman law. Damage not yet committed, but threatened or impending. A preventive interdict might be obtained to prevent such damage from happening; and it was treated as a quasi-delict, because of the imminence of the danger.

— Damnum rei amissæ. In the civil law. A loss arising from a payment made by a party in consequence of an error of law. Mackeld. Rom. Law, § 178.

dampnnm, pi. damna, I Damage; loss. Damnum facientes: doing damage. Damnum abstjue injuria: a loss without a wrong; that kind of damage for which an action will not lie. v. Non omne, etc.

In the civil law. SDamage. Damnum fatale: fatal damage; damage from fate. Damnum infectum: damage not yet done; apprehended damage. Damnum rei amisssB: a loss arising from a payment made by a party in consequence of an error of law.

That which is taken away: loss; damage; legal hurt or harm. Plural, damna: legal losses. Damniflcatus, injured. Damnosa, hurtful. Ad damnuni. To the loss; " to the damage of plaintiff (so many) dollars." The clause, at the end of a common-law declaration, in which the plaintiff sets out the money amount of the loss he has suffered inconsequence of the act he complains of; also, the amount itself so set out.' Ad quod damnum. To what damage. A writ, at common law, by which the sheriff was to inquire by a jury what damage it would be to the sovereign, or to a subject, to grant a fair, market, highway, or other like franchise.2 An inquisition ud quod damnum designates the remedy given by statute for the assessment of damages suffered from an exercise of the right of eminent domain, or in consequence of some public improvement. Damniflcatus. Injured, damaged, damnified. Quantum damniflcatus. How much he is injured. The name of an issue by which damages, to be awarded in equity, may be ascertained by a jury. This was the course in former times, and may; still be the practice in cases of a complicated nature; but the same inquiry may now generally be made by a master.' See Penalty. Non damniflcatus. He is not injured. The plea in the case of an action on a covenant to indemnify and save harmless, — in the nature of a plea of performance. If there was any injury the plaintiff must reply to such plea. Not the plea when the condition is to " discharge and acquit." * Damnosa heereditas. A hurtful or burdensome inheritance; an expensive asset. By the Roman law the heir was liable to the full extent of his ancestor's liabilities. The term has been applied to property of a bankrupt which is a charge or an expense to the creditors. The assignee need not regard such property as an asset; he may, instead, leave the creditor !to prove his claim; or, possibly, he may assign the burden to R. Co., 83 Ky. 174, 180 (ISSi); Burns v. Grand Rapids, &c. R. Co., Sup. Ct. Ind. (1888), cases: 37 Alb. Law J. 228. ' 2 Greenl. Ev. § 260; 108 U. S. 176; 9 Bened. 241 2 See 2 Bl. Com. 271. 8 2 Story, Eq. § 795. another, as.' a pauper; but not so in insolvency, in which case the process is voluntary, ^ Damnum absque injuria. A loss without injury: depri Tation without legal injury; a loss for which the law provides no remedy. Opposed, injuria absque damno: injury without legal damage. There are many cases of loss for which no relief or equivalent in money can be afforded. Examples: unintended hurt, while due care is being exercised; harm done from taking a medicine prescribed by a person known not to be a physician; patronage drawn off by competition in business^ ^ an improvement in a machine, which does not infringe the rights of a prior patentee; ^ waste by a tenant in fee, as affecting the interest of the heir; defamatory words proven to be true.* Every public improvement, while adding to the convenience of the people at large, affects more or less injuriously the interests of some individuals." When the exercise of a right, conferred by law for the benefit of the public, is attended with temporary inconvenience to private parties, in common with the public in general, they are not entitled to damages therefor." Damnum, fatale'. A fated loss; a loss ordained by fate — beyond the control of man. In the civil law, a loss for which a bailee was not. liable: as, a loss by shipwreck, lightning, or other like casualty; also, a loss from fire or from pirates.^ Included all accidents occasioned by an "act of God' or public enemy," and, perhaps, also, others which would not now be considered as due to "irresistible force." 8 See Accident, Inevitable; Act, 1, Of God. See De Melioribus, Damnis; Remittitur, Damnum. DANGrEE. In the law of self-defense " apparent danger " means such overt, actual demonstration, by conduct and acts, of a design to take life or to do some great personal injury, as makes killing apparently necessary for self-preservation. ^ See Immediate. KS Pars. Contr. 466, 492; American File Co. v. Garrett, no U. S. 295 (,18S4), cases. "3B1. Com. 2»1. 3 Burr V. Duryee, 1 Wall. 574 (1863). 4 3B1. Com. 319, 125. ' Miller v. Mayor of New York, 109 tJ. S. 395 (1883). See Broom, Max. 1; 1 Sm. L. C. 244; Sedg. Dam. 29, 111; 20 How. 148; 108 U. S. 331; 109 id. 329; 119 id. 284; 32 F. R. 568; 17 Conn. 302; 83 Ky. 218; 97 N. C. 483; 94 N. Y. 139; 86 Pa. 401; 98 id. 84; 113 id. 126;:6 Op. Att.- Gen. 480; 66 Ga. 69, 308; 71 id. 734; 34, La. An. 312, 496, 506, 857, 974, 996; 74 Me. 171; 133 Mass. 489; 11 Lea, 137; 59 Tex. 517; 25 Vt. 49. 'Hamilton v. Vicksburg, &9. E. Co., 110 U. S. 885 (1886). 'See Story, Bailm. 471; 8 Kent, 594. Dangerous. Said of a weapon, means such as is likely to. cause death or to produce great bodily harm. See further Weapon. Dangers of navigation. The ordinary perils which attend navigation.', Includes dangers arising from shallow waters at the entrance of harbors; ' also, unavoidable dangers from a bridge across a river." Dangers of the river. The natural accidents incident to river navigation; not, such accidents as may be avoided by the exercise of that skill, judgment, or foresight which are demanded from persons in the particular occupation.3 Includes dangers from unknown reefs, suddenly formed in the channel, and not discoverable by the use of care.* Dangers of the sea or seas. Stress of weather, winds and waves, lightning, tempests, and other extraordinary occurrences, as understood in a marine policy; not, the ordinary perils which every vessel must encounter.6 Accidents, peculiar to navigation, of an extraordinai-y nature, or arising from an irresistible force or overwhelming power which cannot be guarded against by the ordinary exertions of human skill and prudence." All unavoidable accidents from which common carriers, by the general law, are not excused unless they arise from the act of God. 7 The phrases " dangers of the sea," " dangers of navigation," and "perils of the seas," employed in bills of lading, are convertible expressions. ^ See further Act, 1, Of God; Peril.

pi. damna, /. Damnum absque injuria, Damnum fatale (fatal The Danish magna, /. An old export duty on wool parva et nova: old duties on goods exaliens.; expense. hereafter. Cy-devant: heretofore. Cy-prts: as near [as possible]; the docinstruments as near the intention of parties particularly, the equitable doctrine by which, impossible or unreasonable to carry out the literally, his intention is carried out so applied to charitable bequests. q. v. Chirographum. D. /.). The House of Lords. fee formerly due the chief clerk from a damages in the K. B. and C. P. Damagea term applied to cattle trespassing. claimed by the plaintiff or assessed by the jury civil action. Exemplary, punitive, or: damages more than the actual damage punishment for fraud, malice, or oppression; damages: such as necessarily result complained of; not Special damages, which the declaration. Liquidated damages: by the parties as compensation for a breach knight or baronet; lady.; unlawful. A burdensome inheritance. Harm, loss; damages. /. A damage without a [legal] wrong. damage): unavoidable loss. law the eastern

Dampnum. Lat In pleading and old English law. Damage; loss. Ad damnum (q. v.); to the damage. Damnumfacientes; doing damage. Beg, Jud, 27. Pro damno facto; for damage done. Bract, fol. 156. Dicere poterit captor quod juste cepit averia sua, quia ilta invenit in damno suo; the taker may say that he justly took his beasts, because he found them in his damage, (i. e« doing him damage.) Id. fol. 158. The* word damnum in this last application is understood in some of the old dictionaries in the sense of an enclosure; but the corresponding phrase of Britton, en aon damage, conclusively shows the true meaning. See Damage. JEssein damno; to be in loss; to be a loser. £ra/cL foL 23 b.