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 borne by the owner of the thing injured; as, if a horse run away with his rider, without any fault of the latter, and injure the property of another person, the injury is the loss of the owner of the thing. When the damage happens by the act of God, or inevitable accident, as by tempest, earthquake or other natural cause, the loss must be borne by the owner. Vide Com. Dig. h. t.; Sayer on Damages. 3. Pothier defines damage (dommiges et interets) to be the loss which some one has sustained, and the gain which he has failed of making.
Law Dictionary – Alternative Legal Definition
Loss, injury, or deterioration, caused by the negligence, design, or accident of one person to another, in respect of the latter’s person or property. The word is to be distinguished from its plural, “damages,” which means a compensation in money for a loss or damage. An injury produces a right in them who have suffered any damage by it to demand reparation of such damage from the authors of the injury. By damage, we understand every loss or diminution of what is a man’s own. occasioned by the fault of another. 1 Ruth. Inst. 399. Damage cleer. A fee assessed of the tenth part in the common pleas, and the twentieth part in the queen’s bench and exchequer out of all damages exceeding five marks’recovered in those courts, in actions upon the case, covenant, trespass, etc., wherein the damages were uncertain ; which the plaintiff was obliged to pay to the prothonotary or the officer of the court wherein he recovered, before he could have execution for the damages. This was originally a gratuity given to the prothonotaries and their clerks for drawing special writs and pleadings; but it was taken away by statute, since which, if any officer in these courts took any money in the name of damage-cleer. or anything in lieu thereof, he forfeited treble the value. Wharton. Damage feasant or faisant. Doing damage. A term applied to a person’s cattle or beasts found upon another’s land, doing damage by treading down the grass, grain, etc. 3 Bl. Comm. 7, 211; Tomlids. This phrase seems to have been introduced in the reign of Edward III., in place of the older expression “en son damage” (in damno sua.) Crabb, Eng. Law, 292. Damaged goods. Goods, subject to duties, which have received some injury either in the voyage home or while bonded in warehouse.