Page:Black's Law Dictionary (Second Edition).djvu/324

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DAMNIFICATION

by one who intentionally injured the slave or beast of another. Calvin.

DAMNIFICATION. That which causes damage or loss.

DAMNITY. To cause damage or injurious loss to a person or put him in a position whcre he must sustain it. A siirew is “dainnil'ied" when a Judgment has been ob- tained against him. l\lcLenn v. Bank, 16 Fed. Cas. 278.

DAMNOSA HJEREDITAS. In the civil law. A losing inberilnnce; an inheritance that was a charge, instead of a benefit. Dig. 50, 16, 119.

The term has also been applied to that species of property of a lmnlampt which, so far from being valuable, would be a charge to the creditors; for example, a term of years where the rent would exceed the revenue. 7 East, 3 2; 3 Camp. 340; 1 Esp. N. P. 234; Provident L. & Trust Co. v. Fidelity, etc., 00.. 203 Pa. 82, 52 AU. 34.

DAMNUM. Lat. In the civil law. Damage; the loss or diminution of what is a man's own, either by fraud, carelessness, or accident.

In pleading and old English law. age; loss.

Dam-

—Da.mnum iatale. Fatal damage; damage from fate: loss happening from a cause bevonri human control. (Quad can fate contingit,) or an act of God, and for which baiiees are not liable; such as shipwreck, lightning, and the like. Dig. 4. 9. 3. 1; Story, Baiivn. § 465 he civilians included in the phrase "dcmmum futrzle-" ali those accidents which are summed up in the cor:amon—law expression, ‘Act of God or public eneruies;" though, perhaps, it embraced some which would not now be admitted as occurring from an irresistible force. Tlrickstnu v How- ard. 8 Blackf. (Ind.) 535.—Dainnnm infec- um. In Roman law. Damage not yet com- mitted, but threatened or impending. A preventive interllict might be ohtxuned to prevent such damage from happening; and it was treated as a qlm-s-Ldeiirt, because of the imruinence of the danger.—Da.mnum rei nmissre. In the civil law. A loss arising from a payment made by a -party in consequence of an error of law. Mackeld Born IAW, 5178.

DAMNUM ABSQUE INJUEIA. Loss, hurt, or harm without lujiiry in the legal sense. that is, without such an invasion of rights as is redresslble 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 overiouking his land, or injures a. person’s trade by setting up an establish- ment of the same kind in the neighborhood. Broom, Com. Law, 75; Mzirbnry r. Madison, 1 Cranch, 164. 2 1. Ed. 60: West Virginia Transp. Co. v. Standard Oil Co.. 50 W. Va. 611, 49 S. E. 591, ‘JG L. R. A. 80-1. 88 Am. St. Rep. 895; Irwin v. Askew, 74 Ga. 581; Chase v. Siirerstune, 62 Me. 175, 16 Am. Rep.

316

DANGEROUS WEAPON

419; Lumber Co. v. U. S., 69 Fed. 320, 1.? C. C A. 460.

Damnnm sins hijurlfi else potent. Infft, 112. There may be damage or Injury intiicted without any act of injustice.

DAN. Anciently the better sort of men in England had this title; so the Spanish Don. The old term of honor for men, as we now say Master or Mister. Wharton.

IIANEGELT, DANEGELD. A tribute of 1s, and afterwards of 2s. upon every bid-I of land through the realm, levied by the An- glo-Saxons, for maintaining such a nuuiher of forces as were tiionght sufiicient to clear the British seas of Danish pirates, who great» ly annoyed their coasts. It continued I tax until the time of Stephen, and was one at the rights of the crown. Wharton.

DANELAGE.}} A system of laws intro- duced by the Danes on their invasion and conquest of England, and which was pricnipally maintained in some of the inidiaud counties, and also on the eastern coast 1 Bl. 22mm. 65; 4 Bl. Comm. 411: 1 Steph. Comm.

DANGER. Jeopardy; exposure to loss or injury; peril. U. S. v. Mays. 1 Idaho. 770.

—Dangs_rs of navigation. The same n.I '_‘dangers of the sea." or “perils of the sea." Sue mrm.—Dan_gcrs of the river. This phrn.x as used in hills o_f iading, means only the natu- ral accidents incident to river navigation, and does not _embrace such as may be avoided by the exercise of that skill, judgment, or foresight which are demanded from persons in I particular occupation. 35 Me. 213. It in-

cinries dangers arising from unknown reefs

which have suddenly formed in the ri1anuei.lsuri

' Ili I V. G

are not discoverable by care and skill. Sturgeon. 35 M0. 213, 86 Am. Dec. lai rison v. Insurance Co.. 19 Flow. 312.

5 ihernin Ins. ('0. v. Transp. C . 120 U. S. 166, 7 Sup. Ct. 550, 30 L. Ed. 621; Johnsou v. Friar, 4 Yerg. 48, 26 Am. Dec. 211'.- Danger: of the road. This phrase, in a bill of ladiug, when it refers to inland transportation. means such dangers as are immediatfly caused by roads, as the overturning of carriages in rough and precipitous piaccs. 7 Fixch. ‘I43. —Dangers of the sea. The expression "drin- gers of the sea" means those accidents peculiar to navigation that are of an extraordinary nature, or arise from irresistible force or war- whrlming power, which cannot be znartri against by the ordinary exertions of human skill and nrudenre. Wniker v. Western Tmnog C0,. 3 Wall. 150. 18 L. Ed. 172: The Pornmouth. 9 Wall. 692. 1.‘) L. Ed. 754: Flliierda Ins. Co. v. Trnnsn. (‘n., 120 U S. 166. 7 Sup. (‘t 550. 30 L. Ed. 621; Hill v. Sturgeon, 28 M0. 327.

DANGERIA. In old English law. A money payment made by forest-tenants thnl they might have liberty to plow and sow in time of pannage, or mast feeding.

DANGEROUS WEAPON. One danger- ous to life; one by the use of which a fatal

wound may probably or possibly be given.