Nominal Damages

In practice. A trifling sum awarded where a breach of duty or an infraction of the plaintiff's right is shown, but no serious loss is proved to have been sustained. See "Injuria Absque Damno." Practically no damages at all. Such as exist only in name, and not in amount. They are such as are to be awarded in a case where there has been a breach of contract and no actual damages whatever have been or can be shown. 59 Conn. 272; 21 Am. St. Rep. 110; 188 111. 241, 242.

A trifling sum awarded where a breach of duty or an infraction of the plaintiff’s right is shown, but no serious loss is proved to have been sustained. Those awarded where, from the nature of the case, some injury has been done, the show; Bellingham B. & B. C. R. Co. v. Strand, 4 Wash. 311, 30 Pac. 144. Wherever any act Injures another’s right, and would be evidence in future in favor of a wrong-doer, an action may be sustained for an invasion of the right without proof of any specific injury; 1 Wms. Saund. 346 a; Bassett v. Mfg. Co., 28 N. II. 438; Chapman v. Mfg. Co., 13 Conn. 269, 33 Am. Dec. 401; and wherever the breach of an agreement or the invasion bf a right is established, the law infers some damage, and if none is shown will award a trilling sum: as, a penny, one cent, six and a quarter cents, etc.; Burnap v. Wight, 14 111. 301; Sedgw. Dam. 47; Field, Damages § 860. Thus, such damages may be awarded In actions for flowing lands; Pastorius v. Fisher, 1 Rawle (Pa.) 27; Bassett v. Mfg. Co., 28 N. H. 438; injuries to commons; 2 East 154; violation of trade-marks; 4 B. & Ad. 410; infringement of patents; Lee v. Pillsbury, 49 Fed. 747; diversion of water-courses; 5 B. & Ad. 1; Parker v. Griswold, 17 Conn. 288, 42 Am. Dec. 739; Tillotson v. Smith, 32 N. II. 90, 64 Am. Dec. 355; but see Burden v. Mobile, 21 Ala. 309; Mc Elroy v. Goble, 6 Ohio St. 187; trespass to lands; Dixon v. Clow, 24 Wend. (N. Y.) 188; Carter v. Wallace, 2 Tex. 206; neglect of oflleial duties, in some cases; Goodnow v. Willard, 5 Mete. (Mass.) 517; Bruce v. Pettengill, 12 N. II. 341; breach of contracts; Horton v. Bauer, 129 N. Y. 148, 29 N. E. 1; Excelsior Needle Co. v. Smith, 61 Conn. 56, 23 Atl. 693; Watts v. Weston, 62 Fed. 136, 10

See Damages.

Defined under Nominal in Black's Law Dictionary.

In practice. 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.