KFLCC Kingdom Law 2nd Ed.

DANGEROUS WEAPON

DAMNIFICATION

316

419; Lumber Co. v. U. S., 69 Fed. 326, 16 C. C. A. 460. sine injuria 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 Don. The old term of honor for men, as we now say Master or Mister. Wharton. DANEGEET, DANEGEED. A tribute of Is. and afterwards of 2s. upon every hide of land through 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. 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. Jeopardy; exposure to loss or injury; peril. U. S. v. Mays, 1 Idaho, 770. —Dangers of navigation. The same as "dangers of the sea" or "perils of the sea." See infra.— Dangers of the river. This phrase, as used in bills of lading, 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 fore sight which are demanded from persons in a particular occupation. 35 Mo. 213. It in cludes dangers arising from unknown reefs which have suddenly formed in the channel, and are not discoverable by care and skill. Hill v. Sturgeon, 35 Mo. 213, 86 Am. Dec. 149; Gar rison v. Insurance Co., 19 How. 312, 15 L. Ed. 656; Hibernia Ins. Co. v. Transp. Co., 120 U. S. 166, 7 Sup. Ct. 550, 30 L. Ed. 621; John son v. Friar, 4 Yerg. 48, 26 Am. Dec. 215.— Dangers of the road. This phrase, in a bill of lading, when it refers to inland transporta tion, means such dangers as are immediately caused by roads, as the overturning of carriages in rough and precipitous places. 7 Exch. 743. —Dangers of the sea. The expression "dan gers of the sea" means those accidents peculiar to navigation that are of an extraordinary na ture, or arise from irresistible force or over whelming power, which cannot be guarded against by the ordinary exertions of human skill and prudence. Walker v. Western Transp. Co., 3 Wall. 150, 18 L. Ed. 172; The Ports mouth, 9 Wall. 682, 19 L. Ed. 754; Hibernia Ins. Co. v. Transp. Co., 120 U. S. 166, 7 Sup. Ct. 550, 30 L. Ed. 621; Hill v. Sturgeon, 28 Mo. 327. 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 danger ous to life; one by the use of which a fatal wound may probably or possibly be given. Damnum DANEEAGE. DANGER. DANGERIA. In old English law.

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

DAMNIFICATION.

That which causes

damage or loss.

DAMNIFY. To cause damage or inju rious loss to a person or put him in a posi tion where he must sustain it. A surety is "damnified" when a judgment has been ob tained against him. McLean v. Bank, 16 Fed. Cas. 278. In the civil law. A losing inheritance; 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 bankrupt which, so far from being valuable, would be a ctiarge 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; Provident L. & Trust Co. v. Fidelity, etc., Co., 203 Pa. 82, 52 Atl. 34. 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. Dam age; loss. —Damnum fatale. Fatal damage; damage from fate; loss happening from a cause beyond human control, (quod ex fato contingit,) or an act of God, and for which bailees are not lia ble ; such as shipwreck, lightning, and the like. Dig. 4, 9, 3, 1; Story, Bailm. % 465. The civ ilians 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 occurring from an irresistible force. Thickstun v. How ard, 8 Blackf. (Ind.) 535.—Damnum infec tnm. In Roman law. Damage not yet com mitted, but threatened or impending. A pre ventive interdict might be obtained to prevent such damage from happening; and it was treat ed as a quasi-delict, because of the imminence of the danger.—Damnum rei amissse. In the civil law. A loss arising from a payment made by a party in consequence of an error of law. Mackeld. Bom. Law, § 178. Loss, hurt, or harm without Injury in the legal sense, that is, without such an invasion of rights as is redressible 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 establish ment of the same kind in the neighborhood. Broom, Com. Law, 75; Marbury v. Madison, 1 Cranch, 164, 2 L. Ed. 60; West Virginia Transp. Co. v. Standard Oil Co., 50 W. Va. 611, 40 S. E. 591, 56 L R. A. 804, 88 Am. St. Rep. 895; Irwin v. Askew, 74 Ga. 581; Chase v. Silverstone, 62 Me. 175, 16 Am. Rep. DAMNOSA ttffiREDITAS. DAMNUM. La t In DAMNUM ABSQUE INJURIA.