A construction of wood, stone, or other materials, made across a stream fof the purpose of penning back the waters. This word is used In two different senses. It properly means the work or structure, raised to obstruct the flow of the water in a river; but, by a well-settled usage, it is often applied to designate the pond of water creatT ed by this obstruction. … [Read more...] about DAM
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DAMNUM ABSQUE INJURIA
Loss, hurt, or harm without injury in the legal sense, that Is, without such an invasion of rights as is redressihle by an action. A loss which does not give rise to an action of damages against the person causing it; as where a person blocks up the windows of a new house overlooking his land, or injures a person's trade by setting up an establishment of the same kind in the … [Read more...] about DAMNUM ABSQUE INJURIA
DAMAGE
torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by inevitable accident. 2. He who has caused the damage is bound to repair it and, if he has done it maliciously, he may be. compelled to pay beyond the actual loss. When damage occurs by accident, without blame to anyone, the loss is … [Read more...] about DAMAGE
DAMNUM FATALE
civil law. Damages caused by a fortuitous event, or inevitable accident; damages arising from the act of God. Among these were included losses by shipwreck, lightning, or other casualty; also losses by pirates or by vis major, by fire, robbery, and burglary; but theft was not numbered among these casualties. 2. In general, bailees are not liable for such damages. … [Read more...] about DAMNUM FATALE
DAMAGE FEASANT
torts. This is a corruption of the French words faisant dommage, and signifies doing damage. This term is usually applied to the injury which animals belonging to one person do upon the land of another, by feeding there, treading down his grass, corn, or other production of the earth. By the common law, a distress of animals or things damage feasant is allowed. Cow. Inst. 230; … [Read more...] about DAMAGE FEASANT