Blacks Law Dict. 1st ed

DANGERS OF THE RfVER

DAMAIOUSE

317

DAMAIOUSE. In old English law. Causing damage or loss, as distinguished from torcenouse, wrongful. Britt. c. 61. DAME. In English law. The legal des ignation of the wife of a knight or baronet. DAMNA. Damages, both inclusive and exclusive of costs. DAMNATUS. In old English law. Condemned; prohibited by law; unlawful. Damnatus coitus, an unlawful connection. DAMNI INJURLE1 ACTIO. An ac tion given by the civil law for the damage done by one who intentionally injured the slave or beasc of another. Calvin. DAMNIFICATION. That which causes damage or loss. DAMNIFY. To cause damage or inju rious loss to a person. D A M N O S A ILSJREDITAS. In the civil law. A losing inheritance; an inherit ance 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 bankrupt 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, 342; 3 Camp. 340; 1 Esp. N. P. 234. 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. Damage; loss. DAMNUM ABSQUE INJURIA. 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 neighborhood. Broom, Com. Law, 75. DAMNUM FATALE. In the civil law. Fatal damage; damage from fate; loss hap pening from a cause beyond human contiol, (quod ex fato contingit,) or an act of God, and for which bailees are not liable; such as shipwreck, lightning, and the like. Dig. 4, 9, 3, 1; Story, Bailm. § 465. The civilians included in the phrase "damnum fatale" all those accidents which are summed up In the common-law expression, "Act of God or public enemies;" though, perhaps, it embraced some which would not now be admitted as occur ring from an irresistible force. 8 Blackf. 535.

DAMNUM INFECTUM. In Roman law. Damage not yet committed, but threat ened or impending. A preventive interdict might be obtained to prevent such damage from happening; and it was treated as a quasi-delict, because of the imminence of the danger. DAMNUM BEI AMISSJE. In the civil law. A loss arising from a payment made by a party in consequence of an error of law. Mackeld. Rom. Law, § 178. Dam num. sine injuri& esse potest. Lofft, 112. There may be damage or injury inflicted without any act of injustice. DAN. Anciently the better sort of men in England had this title; so the Spanish Bon. The old term of honor for men, as we now say Master or Mister. Wharton. DANEGELT, DANEGELD. A tribute of Is. and afterwards of 2s. upon every hide of land thiough the realm, levied by the An glo-Saxons, for maintaining such a number of forces as were thought sufficient to clear the British seas of Danish pirates, who great ly annoyed their coasts. It continued a tax until the time of Stephen, and was one of 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 prin cipally maintained in some of the midland counties, and also on the eastern coast. 1 Bl. Comm. 65; 4 Bl. Comm. 411; 1 Steph. Comm. 42. DANGERIA. In old English law. A money payment made by forest-tenants, that they might have liberty to plow and sow in time of pannage, or mast feeding. DANGEROUS WEAPON. One dan gerous to life; one by the use of which a fatal wound may probably or possibly be given. As the manner of use enters into the considera tion as well as other circumstances, the ques tion is for the jurj. DANGERS OF THE BIVER. This phrase, as used in bills of lading, means only the natural accidents incident to river navi gation, and does not embrace such as may be avoided by the exercise of that skill, judg ment, or foresight which are demanded from persons in a particular occupation. 35 Mo. 213. It includes dangers arising from un known reefs which have suddenly formed in the channel, and are not discoverable by care and skill. 17 Fed. Rep. 478.

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