Damages

“ No one can seek damages on the bare assertion that he is entitled to damages, and therefore claims damages. Damage is sometimes stated to be a cause of action, but then damage means injury. Damages are one of the reliefs asked for as the compensation for an injury. ”

“ Damages have been defined to be the compensation which the law will award for an injury done, and are said to be exemplary and allowable in excess of the actual loss where a tort is aggravated by evil motive, actual malice, deliberate violence, or oppression. ”

“ Personal actions are those that are brought for the recovery either of some duty, or demand in particular, or of damages for the non-performance of some promise or contract, entered into, or lastly such as are brought by a man to recover a compensation in damages for some injury sustained in his person—or property. To give but one or two instances of these last: If my ground is trespassed on, if my person is assaulted, my reputation injured, the remedy is by the personal actions of trespass, assault & battery, or slander. All actions for breach of covenants are likewise personal actions ”

“ In the case of such wrongs as assault, arrest or prosecution, the motives of the defendant naturally affect the amount of general damage awarded, even when not essential elements in the case, and the damages are “at large.” Any other rule would enable a man to distribute blows as he can utter curses at a statutory tariff of so much a curse, according to his rank. ”

“ The statute gives a right of action for damages to the injured party, and by the use of these legal terms clearly indicated that the damages recoverable were those known to the law and intended as compensation for the injury sustained. It is elementary that in a suit at law both the fact and the amount of the damage must be proved. ”

“ The damages must be so connected with the negligence that the latter may be said to be the proximate cause of the former.
These two words have never been given an inclusive definition. What is a cause in a legal sense, still more what is a proximate cause, depend in each case upon many considerations, as does the existence of negligence itself. Any philosophical doctrine of causation does not help us. A boy throws a stone into a pond. ”

“ And while a bad motive (malice) is seldom enough to give a cause of action, proof of its existence is a potent inducement to a jury to swell the assessment of damages, as evidence of bad character may induce them to reduce the damages to a derisory amount. ”

“ If it is discovered that any man has attempted to injure another in this way, he falls into general reprobation, and, if the case can be proved against him, heavy damages in the form of pigs, gongs, etc., may be awarded by the house-chief. ”

“ It is so spoken of by counsel in the argument, and the authorities referred to as furnishing the measure of damages are all in cases of actions at law for what is equivalent to a conversion of property held for another's use. ”

“ Public interest and sound morality accord with the law in demanding this, and if the injured party through negligence or willfulness allows the damages to be unnecessarily enhanced, the increased loss falls upon him, and he can recover nothing for damages which by reasonable diligence on his part could have been prevented. ”

“ The same may be said of damages caused by the enemy. All the subjects are exposed to such damages; and woe to him on whom they fall! The members of a society may well encounter such risk of property, since they encounter a similar risk of life itself. ”

“ In actions for injuries to the person or to reputation, it is difficult to make the damages a matter for exact calculation, and it has been found impossible or inexpedient by the courts to prevent juries from awarding amounts which operate as a punishment of the delinquent rather than as a true assessment of the reparation due to the sufferer. ”

“ Such relief is granted to prevent irreparable injury or a multiplicity of suits, or where the injury is of such a nature that it cannot be adequately compensated by damages at law, or is such, as, from its continuance or permanent mischief, must occasion constantly recurring grievance, which cannot be removed or corrected otherwise than by such a preventive remedy. ”

“ Now, if you trample on any one, or upset a light vehicle, though you risk, and perhaps break, your own bones, yet you are liable for damages; and this fact is so well known that a suit will be promptly begun against you. ”

“ Second, in regard to contributory negligence of the injured person, it is provided that if the injured person is himself in fault, the court may take that fact into consideration in determining the measure of damages. ”

“ It is better that the forethought [Pg 511] be in part exercised by the community collectively. (3) The person injured in health or limb may sue for damages. But this, with his means and knowledge, is often impossible, and is a costly process, yielding a pitiful recompense for a blighted life. ”

“ To this class belong, for example, anger against the object, which serves as explanation of a group of so-called malicious damages, such as arson, etc. Everybody, even though not particularly lively, remembers instances in which he fell into great and inexplicable rage against an object when the latter set in his way some special difficulties or caused him pain ”

“ If damages are ever awarded to a friendly power for injuries received, it is difficult to see where they could be more strenuously claimed than in a case which the First Minister of the offending power did not hesitate to characterize so strongly. ”

“ And similarly, if the damagee forcibly takes the amount that is appopriate to be allotted to him, [the beit din] doesn't take from [the damager's] possessions. Note: If the damagee says, "Measure for me my damages so that I know after [how much money he gives me] I will be appeased," we don't listen to him ”

“ In the case of injuries to the person caused by negligence, the tribunal considers, as part of the general damage, the actual pain and suffering, including nervous shock (but not wounded feelings) and the permanent or temporary character of the injury, and as special damage the loss of time and employment during recovery and the cost of cure. ”

“ Speaking broadly, the cases in which it is not necessary to prove special damage in an action for tort are cases in which the act done is manifestly dangerous, so much so that instinct calls at once for redress, and would take it but for the law. ”

“ THIRD.-The damage alleged in the declaration was special, as distinguished from particular damage.
Particular damage is where the particular instance of damage is avowed; special damage is where the loss follows from a specific statement of a fact, which generally or naturally results from the statement, as a cause competent to entail such a consequence.
The declaration avers that the injury affected the plaintiff's brain, and affected his memory and understanding, which were impaired thereby ”

“ And yet such is the result of holding the doctrine of contributory negligence applicable to such a case. A. is compelled, all his lifetime, at much expense and trouble, to watch and guard against the negligence of B., and to prevent any injuries arising from it, and for what? Simply that B. may continue to indulge in such negligence at his pleasure. And he does so with impunity. The law affords no redress against him. If the property is destroyed, it is because of the combustible material on A.’s land, which carries the fire, and which is A.’s fault, and A. is the loser. ”

“ It may, I conceive, be truly said that, viewed in relation to an action for negligence, direct bodily impact is, without resulting damage, as insufficient a ground of legal claim as the infliction of fright. That fright—where physical injury is directly produced by it—cannot be a ground of action merely because of the absence of any accompanying impact appears to me to be a contention both unreasonable and contrary to the weight of authority. ”

“ Justice Strong, the rule was recognized and affirmed that 'when there is no order of succession in time, when there are two concurrent causes of a loss, the predominating efficient one must be regarded as the proximate, when the damage done by each cannot be distinguished.' And it was added, 'And certainly that cause which set the other in motion, and gave to it its efficiency for harm at the time of the disaster, must rank as predominant.' Id. ”

“ We know not to what degree of malignity any injury is to be imputed; or how much its guilt, if we were to inspect the mind of him that committed it, would be extenuated by mistake, precipitance, or negligence; we cannot be certain how much more we feel than was intended to be inflicted, or how much we increase the mischief to ourselves by voluntary aggravations. We may charge to design the effects of accident; we may think the blow violent only because we have made ourselves delicate and tender; we are on every side in danger of errour and of guilt ”

“ The term "injury" I use this term in a somewhat peculiar sense, to signify any moral influence or physical force exerted by one human being upon another, the legitimate effect of which is to destroy or impair life, to destroy or impair the physical faculties, to destroy or impair the intellectual powers, to destroy, impair or pervert the moral and religious sentiment, or to destroy or impair the absolute welfare, all things considered, of the person on whom such influence or force is exerted ”

“ Where the collision occurs exclusively from natural causes, and without any negligence or fault on the part of either party, the rule is that the loss must rest where it fell, as no one is responsible for an accident which was produced by causes over which human agency could exercise no control. ”

“ These are the distinctions between simple negligence, wilful injury, and that wanton negligence which is the equivalent of wilful injury, drawn and applied in our decisions. A mere error of judgment as to the result of doing an act or the omission of an act, having no evil purpose or intent, or consciousness of probable injury, may constitute simple negligence, but cannot rise to the degree of wanton negligence or wilful wrong.... ”

“ Who shall have destroyed by burning a building or a stack of corn set alongside a house is ordered to be bound, scourged, burned to death, provided that knowingly and consciously he shall have committed this; but if this be by accident [, that is] by negligence, either he is ordered to repair the damage or, if he be too poor to be competent for such punishment, he shall be chastised more lightly.
12. Any person who shall have felled wrongfully (iniuria) other persons' trees shall pay 25 asses for every [tree] . ”

“ And now, apart from all problems of manoeuvring, of rules of the road, of the judgment of the men in command, away from their possible errors and from the points the Court will have to decide, if we ask ourselves what it was that was needed to avert this disaster costing so many lives, spreading so much sorrow, and to a certain point shocking the public conscience--if we ask that question, what is the answer to be? ”

“ An injury, an offence, like that black blood gradually takes on all the colors,--hate, contempt, anger, self-pity, pain at the wrong, a desire to return evil for evil, and again to let all go to wreck and ruin. ”

“ The injury may consist, not only in the direct violation of personal or political rights, but in wrongfully withholding what is due, or in the refusal of a reasonable reparation for injuries committed, or of adequate explanation or security in respect to manifest and impending danger. ”

“ Although damnum absque injuria is a matter of frequent occurrence, yet injuria absque damno may be said to be unknown to our law; for 'a damage is not merely pecuniary, but an injury imports a damage when a man is thereby hindered of his right.' Per Holt, C. J. Ashby vs. ”

“ All work is done under the eye of the most vigilant caution, and the penalty for negligence is so expensive in the destruction of life and property that science, which is knowledge, and proceeds from sure premises to safe conclusions, is the sole guide. ”

“ And likewise if one Neighbour take a Distress of another without Award of the King's Court, whereby he hath Damage, he shall be punished in the same wise, and that after the Quantity of the Trespass.
(6) And nevertheless sufficient and full Amends shall be made to them that have sustained Loss by such Distresses. ”

“ Crimes which could be satisfied by the payment of an indemnity were accidental killings, quarrels between man and wife, and the accidental destruction of property by fire. Malicious mischief could be atoned for only by blows and the shedding of blood. ”

“ There is not, perhaps, to a mind well instructed, a more painful occurrence, than the death of one whom we have injured without reparation. Our crime seems now irretrievable, it is indelibly recorded, and the stamp of fate is fixed upon it. We consider, with the most afflictive anguish, the pain which we have given, and now cannot alleviate, and the losses which we have caused, and now cannot repair. ”

“ If a person loses an eye, an ear, a limb, or his general health, the law implies damage, the same as if deprived of his property or any other legal right. Words actionable in themselves imply damage, and none need be proved; but if actionable only by reason of some consequence which might or might not follow, then the particular damage must be averred and proved. The loss of hearing, of memory, and understanding, imply injury, and necessarily and naturally result therefrom, and no particular damage need be averred or proved. ”

“ Aside from the pecuniary consequences resulting from such an injury, his life must be one both monotonous and irksome, and almost wholly destitute of those pleasures and that happiness which those in full health, bodily and mentally, must ever enjoy.
FOURTH.-When the action can be maintained without specifying any particular damage, it is not necessary to aver any particular instance of damage.
When the law implies damage, there can be no reason for stating it with particularity. ”