DAMNIFY. To cause damage, injury or loss.

DAMNOSA HAEREDITAS. A name given by Lord Kenyon to that species of property of a bankrupt, which, so far from being valuable, would be a charge to the creditors¹ for example, a term of years, where the rent would exceed the revenue.

2. The assignees are not bound to take such property, but they must make their election, and, having once entered into possession, they cannot afterwards abandon the property. 7 East, R. 342; 3 Campb. 340.

DAMNUM ABSQUE INJURIA. A loss or damage without injury.

2. There are cases when the act of one man may cause a damage or loss to another, and for which the latter has no remedy; he is then said to have received damnum absque injuria; as, for example, if a man should set up a school in the neighborhood of another school,and, by that means, deprive the former of its patronage²; or if a man should build a mill along side of another, and consequently reduce his custom. 9 Pick. 59, 528.

3. Another instance may be given of the case where a man using proper care and diligence, while excavating³ for a foundation, injures the adjoining house, owing to the unsuitable materials used in such house; here the injury is damnum absque injuria.

4. When a man slanders⁴ another by publishing the truth, the person slandered⁵ is said to have sustained loss without injury. Bac. Ab. Actions on the Case, C Dane's Ab. Index, h. t.

DAMNUM FATALE, civil law. Damages caused by a fortuitous event, or inevitable⁶ accident; damages arising from the act of God. Among these were included losses by shipwreck⁷, lightning, or other casualty; also losses by pirates or by vis major, by fire, robbery, and burglary; but theft was not numbered among these casualties.

2. In general, bailees are not liable for such damages. Story, Bailm. p. 471.

DANE-LAGE, Eng. law. That system of laws which was maintained in England while the Danes had possession of the country.