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Injury

Defined in 8 dictionaries — Case Law, U.S. Code, Ballentine's (1916), Black's (1910), Kinney (1893), Black's (1891), Anderson (1889), Bouvier (1839)

Definitions from Case Law

From 342 U.S. 197 - Pillsbury v. United Engineering Co. · 1952Most cited · 265 citing opinions

Congress meant what it said when it limited recovery to one year from date of injury, and 'injury' does not mean 'disability.' 'Injury' is related to the period within which the claim must be filed, not to the onset of compensable disability.

United States Code

5 U.S.C. § 8101 — in this section

“injury” includes, in addition to injury by accident, a disease proximately caused by the employment, and damage to or destruction of medical braces, artificial limbs, and other prosthetic devices which shall be replaced or repaired, and such time lost while such device or appliance is being replaced or repaired; except that eyeglasses and hearing aids would not be replaced, repaired, or otherwise compensated for, unless the damages or destruction is incident to a personal injury requiring medical services;

28 U.S.C. § 1369 — for purposes of this section

the term “injury” means—

(A) physical harm to a natural person; and

(B) physical damage to or destruction of tangible property, but only if physical harm described in subparagraph (A) exists;

33 U.S.C. § 902 — in this chapter

The term “injury” means accidental injury or death arising out of and in the course of employment, and such occupational disease or infection as arises naturally out of such employment or as naturally or unavoidably results from such accidental injury, and includes an injury caused by the willful act of a third person directed against an employee because of his employment.

Show all 3 definitions and how they changed over time

Ballentine's Law Dictionary

James A. Ballentine · 1916

Any act or omission which harms or damages another, whether justified by law or not. See 81 Conn. 293, 129 Am. St. Rep. 215, 70 Atl. 1035.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Any wrong or damage done to another, either in his person, rights, reputation or property. Parker v. Griswold, 17 Conn. 298, 42 Am. Dec. 739; Woodruff v. Mining Co., 18 Fed. 781; Hitch v. Edgecombe Co.unty, 132 N. C. 573, 44 S. E. 30; Macauley v. Tierney, 19 R. I. 255, 33 Atl. 1, 37 L. R. A. 455, 61 Am. St. Rep. 770.

In the civil law. A delict committed in contempt or outrage of any one, whereby his body, his dignity, or his reputation is maliciously injured. Voet, Com. ad Pand. 47, t. 10, no. 1.

Civil injury. Injuries to person or property, resulting from a breach of contract, delict, or criminal offense, which may be redressed by means of a civil action. Cullinan v. Burk-hard, 41 Misc. Rep. 321, 84 N. Y. Supp. 825

Irreparable injury. This phrase does not mean such an injury as is beyond the possibility of repair, or beyond possible compensation in damages, or necessarily great damage, but includes an injury, whether great or small, which ought not to be submitted to, on the one hand, or inflicted, on the other; and which, because it is so large or so small, or is of such constant and frequent occurrence, cannot receive reasonable redress in a court of law. Sanderlin v. Baxter, 76 Va. 306. 44 Am. Rep 165; Farley v. Gate City Gaslight Co., 105 Ga. 323. 31 S. E. 193; Wahle v. Rein-bach. 76 111. 322 ; Camp v. Dixon, 112 Ga. 872 38 S. E. 71. 52 In R. A. 755. Wrongs of a repeated and continuing character, or which occasion damages that are estimated onlv by conjecture, and not by any accurate standard, are included. Johnson v. Kier, 3 Pittsb. R. (Pa.) 204.

Personal injury. A hurt or damage done to a man's person, such as a cut or bruise, a broken limb, or the like, as distinguished from an injury to his property or his reputation. The phrase is chiefly used in connection with actions of tort for negligence. Norris v. Grove, 100 Mich. 256. 58 N. W. 1006; State v. Claybome, 14 Wash. 622, 45 Pac. 303 ; Terre Haute Bl. Rv. Co. v. Lauer, 21 Ind. App. 466, 52 N. E. 703. But the term is also used (chiefly in statutes) in a much wider sense, and as including any injury which is an invasion of personal rights, and in this signification it may include such injuries as libel or slandqr, criminal conversation with a wife, seduction of a daughter, and mental suffering. See Delamater v. Russell, 4 How. Prae. (N. Y.) 234; Garrison v. Burden. 40 Ala. 516; McDonald v. Brown, 23 R. I. 546, 51 Atl. 213, 58 In R, A. 768, 91 Am. St. Rep. 659; Morton v. Western Union Tel. Co.., 130 N. C. 299, 41 S. B. 484; Williams v. Williams, 20 Colo. 51. 37 Pan. 614; Hood v. Sudderth, 111 N. C. 215, 16 S. E. 397.

A Law Dictionary and Glossary

George C. Kinney · 1893

Wrong; the privation or violation

A Dictionary of Law

Henry Campbell Black · 1891

Any wrong or damage done to another, either in his person, rights, reps tation, or property.

In the civil law. A delict committed in contempt or outrage of any one, whereby his body, his dignity, or his reputation is ma liciously injured. Voet, Com. ad Pand. 47, t. 10, no. 1, Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita judiecare vel respondere. 8 Coke, 117b, It is unjust to decile or respond as to any particular part of a law without examining the whole of the law.

A Dictionary of Law

William C. Anderson · 1889

A privation of legal right; a wrong; a tort. See Injltiia. _ A wrong done to a person; a violation of his right.2 "Injury " is the wrongful act or tort which causes harm or injury to another. " Damages " are allowed as an indemnity to the person who suffers loss or harm from injury. "Injury "denotes the illegal act; "damages," the sum recoverable as amends for the wrong.* Civil injury. A private wrong; an infringement or privation of the private or civil rights belonging to an individual considered as an individual. It affects an absolute or relative right, and i^ committed with force and violence, as in battery and false imprisonment; or without force, as in slander and breach of contract. Public injuries are public wrongs or crimes,* q.v, Eesults from non-feasance, misfeasance, or malfeasance; and affects the person, personalty, or realty. See Take, 8. Irreparable injury. Injury of such nature that the party wronged cannot be adequately compensated in damages, or when the damages which may result cannot be measured by any certain pecuniary standard. 5 All that is meant is, that the injury would be a grievous one, or at least a material one, and not adequately reparable in damages. The term does not mean that there must be no physical possibility of repairing the injury." > Wright V. Chicago, &c. E. Co., 7 Bradw. 446 (1880). » Parker v. Griswold, 17 Conn. *302 (1845). = North Vernon v. Voegler, 103 Ind. 319 (1885), Elliott, J.; 25 Am. Law Eeg. 101, 113-rl5 (1886), cases. 4 3 BI. Com. 2, 118. • [Wilson t). Mineral Point, 39 Wis. 164 (1S75): High, Injuno. § 460. • Sanderlin v. Baxter, 76 Va. 306 (1882): Kerr, Injimo. The word " irreparable " Is unhappily chosen to express the rule that an injunction may issue to prevent wrongs of a repeated and continuing character, or which occasion damages estimable only by conjecture and not by any accurate standard.' In the sense in which used in conferring jurisdiction upon courts of equity, does not necessarily mean that the injury complained of is incapable of being measured by a pecuniary standard.^ Literally, anything is irreparable injury which cannot be restored in specie. In law nothing is irreparable which can be fully compensated in damages. To entitle a party to an injunction, he must show that the injury <;omplained of is irreparable because the law affords no adequate remedy.^ Injuriously affect. See Take, 8. See further Admission, 2; Cask, S; Cause, 1; CoN- Ti NnODS, S; CoNT^NUANDo; Declaration, 1; Inspection, 2, Of person. Compare Dauaoe; Eedress; Relief; Tort; Wrong. nfJUSTICE. See Justice, 1. HfK. See Writing. HfLAND. See Commerce; Exchange, Bill of; Navigation. In the act of July 2, 1864, § 7, that no procerty seized upon "any of the inland waters of the United States," by the naval forces, shall be regarded as maritime prize, " inland " applies to all waters upon which a naval force could go, other than bays and harbors on the sea-coast.* nrNT. A house where the traveler is furnished with everything which he hath occasion for whilst upon his way.' A public house of entertainment for all who choose to visit it.* A house kept open publicly for the lodging and entertainment of travelers in general, for a reasonable compensation.' The leading ideas of all the definitions are, that an inn is a house for the entertainment of travelers and wayfarers, at all times and ■ Commonwealth v. Pittsburgh, &c. B. Co., 24 Pa. 160 (1854), cases. " Wilmarth v. Woodcock, 68 Mich. 485 (1885), Champlin, J. » Brace Brothers v. Evans et al., C. P. No. 1, Allegheny Co., Pa. (April 21, 1888), Slagle, J.: 35 Pitts. Leg. J. 406, c Eises. A boycotting case. "The business lost, and which will be destroyed by defendants' acts, cannot be restored. If permitted, plaintiffs may build up a new business, but the old one cannot be replaced. It is gone irreparably." See also Breusohke v. The Furniture Makers' Union, Sup. Ct. Cook Co., 111. (188-); Western Union Tel. Co. v. Rogers, 42 N. J. E. 314 (1886); Emack v. Kane, 3 Ry. Corp. Law J. Sir (1888). • Porter v. United States, 106 U. S. 612 (1882). • Thompson v. Lacy, 3 B. & A. 285 (1820), Bayley, J. • Wintermute v. Clarke, 5 Sandf. 247 (1851), Oakley, C. J.; Walling u. Potter, 35 Conn. 185 (1868); 36 Barb. seasons, who properly apply and behave with decency, and this as guests for a brief period, not as lodgers or boarders, by contract, for the season. 1 Synonymous with "tavern" and "hotel;" not with "boarding-house," "restaurant," or "lodginghouse." ^ Innkeeper. A person who makes it his business to entertain travelers and passengers, and provide lodging and necessaries for them, their horses and attendants.' He is a guest at an inn or hotel who is away from home and receives accommodations at the house as a traveler. See further Quest. An innkeeper's liability for a loss to his guest is the same in character and extent as the liability of a common carrier. In the absence of proof that the loss was occasioned by the hand or through the negligence of the hotel keeper, or by a clerk or servant employed by him, the guest cannot recover the amount of the loss from the keeper.* His responsibility approximates to insurance when an article (a valise) is entrusted by a guest to his keeping.' An innkeeper impliedly engages to entertain all persons who apply; and an action on the case will lie against him for damages, if, without good reason, he refuses to admit a traveler. To frustrate, in that way, the end of the institution, was held to be disorderly behavior. Indeed, for an unreasonable refusal to receive travelers, the proprietor could even be indicted and his inn suppressed.^ The common-law liability of an innkeeper has been generally changed by statute. He is not now liable for money, jewelry, or other valuables, lost or stolen, if he provides a safe for their keeping and duly notifies guests thereof. Nor should he be held liable for goods stolen from a room furnished for the display of samples of merchandise.^ He is not liable as an innkeeper for the loss of 1 Bonner v. Welborn, 7 Ga. 307 (1849). » People V. Jones, 54 Barb. 316-17 (1863), cases; Pinkerton V. Woodward, 33 Cal. 596 (1867), cases. ' Bacon, Abr., Inn. B.; Carter u Hobbs, 12 Mich. 56 (1863); Howth v. Franklin, 20 Tex. 801 (1858). < Elcox V. Hill, 98 U. S. 224 (1878), cases; 66 Ga. 206; 1 Bl. Com. 430; 2 Kent, 892; Story, Bailm. § 470. » Murray v. Marshall, 9 Col. 482 (1886), cases. •3B1. Com. 166; 4 id. 16T. ' Fisher i;,Kelsey, 121 U. S. 383, 385-86 (1887), cases. The plaintiff, a traveling salesman, engaged a room in the Planters' House, city of St. Louis, for the exhibition of articles of jewelry. During his occupancy of the room, articles valued at $12,600 were stolen, without neglect in him or in the proprietor of the hotel. Held, that the relation of innkeeper and guest did not exist as to the use made of the sample room; also, that knowledge in the proprietor that the articles were brought into his hotel to be exhibited for sale, did not relieve the owner from serving written notice money deposited with Mm for sa Je-keeping by a person not a guest.' The owner of a steamship is not an innkeeper.' See Board, 1; Hotel; Lien, Common-law; Lodger; Beside; Eestaukant; Eight, 2, Civil Rights Acts; Tavern. Inns of court. Originally, town-houses in which the nobility and gentry resided when in attendance at court; later, schools for the study of law. The name was given to law societies which occupied certain " Inns," as Lincoln's Inn, Gray's Inn. The buildings were originally private residences, or hosp Uia — town-houses. They retained, in their new use, their former names; in them lectures were read, and degrees conferred in the common law.^ See Bencher.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

in the Scotch law, is the reproaching or affronting our neighbour. Injuries are verbal or real. A verbal injury when directed against a private person consists in the uttering contumelious words, which tend to expose our neighbour’s character by making him little or ridiculous. Where the offensive words are uttered in the heat of a dispute, and spoken to the person’s face, the law does not presume any malicious intention in the utterer, whose resentment generally subsides with his passion; and yet, even in that case, the truth of the injurious words seldom absolves entirely from punishment. Where the injurious expressions have a _ tendency to blacken one’s moral character, or fix some particular guilt upon him, and are deliberately repeated in different companies, or handed about in whispers to confidants, it then grows up to the crime of slander, agreeably to the distinction of the Roman law, l. 15, § 12, de tnjur. A real inflicted is affected; as striking one with a eane, or even aiming a blow without striking; spitting in one’s face; assuming a coat of arms, or any other mark of distinction proper to another, &c. The composing and publishing defamatory libels may be reckoned of this kind. Ersk. Pr. L. Scot. 4,4,45.