英文法律词典 I-43

INJURIA ABSQUE DAMNO. Injury without damage. Injury without damage or loss will not bear an action. The following, cases illustrate¹ this principle. 6 Mod. Rep. 46, 47, 49; 1 Shower, 64; Willes, Rep. 74, note; 1 Lord Ray. 940, 948; 2 Bos. & Pull. 86; 9 Rep. 113; 5 Rep. B. N. P. 120. 72

INJURIOUS WORDS. This phrase is used, in Louisiana, to signify slander², or libelous³ words. Code, art. 3501.

INJURY. A wrong or tort. Injuries are divided into public and private; and they affect the. person, personal property, or real property.

3. - 1. They affect the person absolutely or relatively⁴. The absolute injuries are, threats and menaces, assaults, batteries, wounding, mayhems; injuries to health, by nuisances or medical malpractices. Those affecting reputation are, verbal slander, libels, and malicious⁵ prosecutions⁶; and those affecting personal liberty are, false imprisonment⁷ and malicious prosecutions. The relative injuries are those which affect the rights of a hushand; these are, abduction of the wife, or harboring her, adultery and battery those which affect the rights of a parent, as, abduction, seduction, or battery of a child; and of a master, seduction, harboring and battery of his apprentice⁸ or servant. Those which conflict with the rights of the inferior relation, namely, the wife, child, apprentice, or servant, are, withholding⁹ conjugal¹⁰ rights, maintenance, wages, &c.

4. - 2. Injuries to personal property, are, the unlawful taking and detention¹¹ thereof from the owner; and other injuries are, some damage affecting the same while in the claimant's possession, or that of a third person, or injuries to his reversionary interests.

5. - 3. Injuries to real property are, ousters, trespasses¹² nuisances, waste, subtraction¹³ of rent, disturbance¹⁴ of right of way, and the like.

6. Injuries arise in three ways. 1. By nonfeasance, or the not doing what was a legal obligation, or. duty, or contract, to perform. 2. Misfeasance, or the performance, in an improper¹⁵ manner, of an act which it was either the party's duty, or his contract, to perform. 3. Malfeasance, or the unjust performance of some act which the party had no right, or which he had contracted not to do.

7. The remedies are different, as the injury affects private individuals, or the public. 1. When the injuries affect a private right and a private individual, although often also affecting the public, there are three descriptions of remedies: 1st. The preveative, such as defence, resistance, recaption, abatement¹⁶ of nuisance, surety of the peace, injunction, &c. 2d. Remedies for compensation, which may be by arbitration¹⁷, suit, action, or summary proceedings¹⁸ before a justice of the peace. 3d. Proceedings for punishment, as by indictment¹⁹, or summary Proceedings before a justice. 2. When the injury is such as to affect the public, it becomes a crime, misdemeanor, or offence, and the party may be punished by indictment or summary conviction, for the public injury; and by civil action at the suit of the party, for the private wrong. But in cases of felony, the remedy by action for the private injury is generally suspendid until the party particularly injured has fulfilled his duty to the public by prosecuting²⁰ the offender²¹ for the public crime; and in cases of homicide the remedy is merged²² in the felony. 1 Chit. Pr. 10; Ayl. Pand. 592. See 1 Miles' Rep. 316, 17; and article Civil Remedy.

8. There are many injuries for which the law affords no remedy. In general, it interferes²³ only when there has been a visible bodily injury inflicted²⁴ by force or poison, while it leaves almost totally unprotected the whole class of the most malignant²⁵ mental injuries and sufferings unless in a few cases, where, by descending²⁶ to a fiction, it sordidly²⁷ supposes some pecuniary²⁸ loss, and sometimes, under a mask, and contrary to its own legal principles, affords compensation to wounded feelings. A parent, for example, cannot sue, in that character, for an injury inflicted on his child and when his own domestic happiness has been destroyed, unless the fact will sustain the allegation that the daughter was the servant of her father, and that, by, reason of such seduction, he lost the benefit of her services. Another instance may be mentioned: A party cannot recover damages for verbal slander in many cases; as, when the facts published are true, for the defendant²⁹ would justify³⁰ and the party injured must fail. A case of this kind, remarkably³¹ bard³², occurred in England. A young nobleman had seduced³³ a young woman, who, after living with him some time, became sensible of the impropriety of her conduct. She left him secretly, and removed to an obscure place in the kingdom, where she obtained a situation, and became highly respected in consequence of her good conduct she was even promoted to a better and more public employment when she was unfortunately discovered by her seducer³⁴. He made proposals to her to renew their illicit³⁵ intercourse³⁶, which were rejected; in order to, force her to accept them, he published the history of her early life, and she was discharged from her employment, and lost the good opinion of those on whom she depended for her livelihood³⁷. For this outrage³⁸ the culprit could not be made answerable, civilly or criminally. Nor will the law punish criminally the author of verbal slander, imputing³⁹ even the most infamous⁴⁰ crimes, unless done with intent to extort⁴¹ a chattel⁴², money, or valuable thing. The law presume, perhaps unnaturally⁴³ enough, that a man is incapable⁴⁴ of being alarmed or affected⁴⁵ by such injuries to his feelings. Vide 1 Chit. Med. Jur. 320. See, generally, Bouv. Inst. Index, h. t.