Mitigation

Reduction; diminution; lessening of the amount of a penalty or punishment. Circumstances which do not amount to a justification or excuse of the act committed may yet be properly considered in mitigation of the punishment; as, for example, the fact that one who stole a loaf of bread was starving. mitigation of damages which are no answer to the action itself. See "Damages;" "Character."

Reduction; diminution; lessening of the amount of a penalty or punishment Circumstances which do not amount to a justification or excuse of the act committed may yet be properly considered in mitigation of the punishment; as, for example, the fact that one who stole a loaf of bread was starving. ' In actions for the recovery of damages, matters may often be given in evidence in mitigation of damages which are no answer to the action itself. See Damages; Chab-

Alleviation; abatement or diminution of a penalty or punishment imposed by law. "Mitigating circumstances" are such as do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, may be considered as extenuating or reducing the degree of moral culpability. See Heaton v. Wright, 10 How. Prae. (N. Y.) 82; Wandell v. Edwards, 25 Hun (N. Y.) 500; Hess v. New York Press Co., 26 App. Div. 73, 49 N. Y. Supp. 894.

— Mitigation of damages. A reduction of the amount of damages, not by proof of facts which are a bar to a part of the plaintiffs cause of action, or a justification, nor yet of facts which constifute a cause of action in favor of the defendant, but rather facts which show that the plaintiff's conceded cause of action does not entitle him to so large an amount as the showing on his side would otherwise justify the jury in allowing him. 1 Suth. Dam. 226.

Alleviation; abatement or diminution of a penalty or punishment imposed by law. “Mitigating circumstances” are such as do not constitute a justification MITIGATION OF DAMAGES 781 sidered as extenuating or reducing the degree of moral culpability.

s Lessening the degree of; diminution as to the severity of; reduction of the amount of: as, of damages, punishment or penalty. The criteria by which the sufficiency of a pleading is ordinarily determined, that i^, materiality and relevancy, may not be strictly applied to allegations in an answer of facts by way of mitigation. Such allefrations should not be stricken out on motion, unless it is clear that under no possible circumstances could the matter pleaded have the bearing claimed for it.^ See Aggravation.