KFLCC Kingdom Law 2nd Ed.

627

INJURY

INJUNCTION

Injuria non ezcusat injuriam. wrong does not justify another. Max. 395. See 6 EL & Bl. 47. Injury is not presumed. Co. Litt. 232. Cruel, oppressive, or tortuous conduct will not be presumed. Best Ev. p. 336, § 298. Injuria propria non cadet in benefi cium facientis. One's own wrong shall not fall to the advantage of him that does it. A man will not be allowed to derive benefit from his own wrongful act. Branch, Princ. The master is liable for injury done by his serv ant. Lofft, 229. In Louisiana. Slander, or libelous words. Civil Code La. art. 3501. Any wrong or damage done to another, either in his person, rights, repu tation, or property. Parker v. Griswold, 17 Conn. 298, 42 Am. Dec. 739; Woodruff v. Mining Co., 18 Fed. 781; Hitch v. Edge combe County, 132 N. C. 573, 44 S. E. 30; Macauley v. Tierney, 19 R. I. 255, 33 Atl. 1, 37 L. R. A. 455, 61 Am. St. Rep. 770. In the civil law. A delict committed in contempt or outrage of any one, whereby his body, his dignity, or his reputation is maliciously injured. Voet, Com. ad Pand. Injuries to person or proper ty, resulting from a breach of contract, delict, or criminal offense, which may be redressed by means of a civil action. Cullinan v. Burk hard, 41 Misc. Rep. 321, 84 N. Y. Supp. 825 —Irreparable injury. This phrase does not mean such an injury as is beyond the possibil ity of repair, or beyond possible compensation in damages, or necessarily great damage, but includes an injury, whether great or small, which ought not to be submitted to, on the one hand, or inflicted, on the other; and which, because it is so large or so small, or is of such constant and frequent occurrence, can not receive reasonable redress in a court of law. Sanderlin v. Baxter, 76 Va. 306. 44 Am. Rep 165; Farley v. Gate City Gaslight Co., 105 Ga. 323, 31 S. E. 193; Wahle v. Rein bach. 76 111. 322; Camp v. Dixon, 112 Ga. 872. 38 S. E. 71, 52 L. R. A. 755. Wrongs of a repeated and continuing character, or which occasion damages that are estimated onlv by conjecture, and not by any accurate standard, are included. Johnson v. Kier, 3 Pittsb. R. (Pa.) 204.— Personal injury. A hurt or dam age done to a man's person, such as a cut or bruise, a broken limb, or the like, as distin guished from an injury to his property or his reputation. The phrase is chiefly used in con nection with actions of tort for negligence. Norris v. Grove, 100 Mich. 256, 58 N. W. 1006; State v. Clayborne, 14 Wash. 622, 45 Pac. 303; Terre Haute El. Rv. Co. v. Lauer, 21 Ind. App. 466, 52 N. E. 703. But the term is also used (chiefly in statutes) in a much wider sense, and as including any injury which is an in vasion of personal rights, and in this significa j tion it may include such injuries as libel or slander, criminal conversation with a wife, se duction of a daughter, and mental suffering. See Delamater v. Russell, 4 How. Prac. (N. Injuria non prsesumitur. Injuria servi dominum pertingit. INJURIOUS 'WORDS. INJURY. 47, t 10, no. 1. —Civil injury.

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thing; (2) prohibits him from refusing (or persisting in a refusal) to do or permit some act to which the plaintiff has a legal right; or (3) restrains the defendant from permitting his previous wrongful act to continue operative, thus virtually compelling him to undo it, as by removing obstructions or erections, and re storing the plaintiff or the place or the sub ject-matter to the former condition. Bailey v. Schnitzius, 45 N. J. Eq. 178, 16 Atl. 680; Parsons v. Marye (C. C.) 23 Fed. 121; People v. McKane, 78 Hun, 154, 28 N. Y. Supp. 981; Procter v. Stuart, 4 Okl. 679, 46 Pac 501. —Permanent injunction. One intended to remain in force until the final termination of the particular suit. Riggins v. Thompson, 96 Tex. 154, 71 S. W. 14.— Perpetual injunc tion. Opposed to an injunction ad interim; an injunction which finally disposes of the suit, and is indefinite in point of time. Rig gins v. Thompson, 96 Tex. 154, 71 S. W. 14; De Florez v. Raynolds, (C. C.) 8 Fed. 438.— Preliminary injunction. An injunction granted at the institution of a suit, to re strain the defendant from doing or continuing some act, the right to which is in dispute, and which may either be discharged or made per petual, according to the result of the contro versy, as soon as the rights of the parties are determined. Darlington Oil Co. v. Pee Dee Oil Co., 62 S. O. 196, 40 S. E. 169; Appeal of Mammoth Vein Consol. Coal Co., 54 Pa. 188; Allison v. Corson, 88 Fed. 584, 32 C. C. A. 12; Jesse French Piano Co. v. Forbes, 134 Ala. 302, 32 South. 678, 92 Am. St. Rep. 31. —Preventive injunction. One which pro hibits the defendant from doing a particular act or commands him to refrain from it.— Provi sional injunction. Another name for a pre liminary or temporary injunction or an < in junction pendente lite.— Special injunction. An injunction obtained only on motion and petition, usually with notice to the other party. Aldrich v. Kirkland. 6 Rich. Law (S. C.) 340. An injunction by which parties are restrained from committing waste, damage, or injury to property. 4 Steph. Comm. 12, note z. — Tem porary injunction. A preliminary or pro visional injunction, or one granted pendente lite; as opposed to a final or perpetual in junction. Jesse French Piano Co. v. Porter, 134 Ala. 302, 32 South. 678, 92 Am. St. Rep. 31. In French law. Grievous insults or injuries, including personal insults and reproachful language, constituting a just cause of divorce. Butler v. Butler, 1 Pars. Eq. Cas. (Pa.) 344. INJURIA. Lat. Injury; wrong; the pri vation or violation of right. 3 Bl. Comm. 2. —Injuria absque damno. Injury or wrong without damage. A wrong done, but from which no loss or damage results, and which, therefore, will not sustain an action. INJURES GRAVES. Fr. Injuria fit ei cui convicium dictum est, vel de eo factum carmen famosum. An injury is done to him of whom a reproach ful thing is said, or concerning whom an in famous song is made. 9 Coke, 60. Injuria illata judici, sen locum ten enti regis, videtur ipsi regi illata max ime si fiat in ezercentem officium. 3 Inst. 1. An injury offered to a judge, or person representing the king, is considered as of fered to the king himself, especially if it be done in the exercise of his office.

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